PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  30 March 2000
	DOCKET NUMBER:   AR1999033495

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Hubert O. Fry		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his ETS (Expiration of Term of Service) be changed from 27 April 2002 to 27 April 2001.

3.  The applicant states that he originally enlisted for a 4 year term of service as a 92Y.  He was informed at the reception station that he could no longer pursue that MOS (Military Occupational Specialty) and that he had to change to another MOS.  He signed a new contract for a 3 year term of service as a 63B (Light Wheel Vehicle Mechanic).  His current ETS is showing a 4 year term of service instead of a 3 year term of service.

4.  The applicant’s military records show that he enlisted in the USAR on 
27 March 1998 for the Delayed Entry/Enlistment Program (DEP) for a 4 year 
19 week term of service as shown on his DD Form 4/1, Enlistment/Reenlistment Document.  On 28 April 1998, the applicant requested discharge from the USAR to enlist in the Regular Army for a 4 year term of service.  The USAR discharge was granted and the applicant was enlisted in the Regular Army on 28 April 1998.  On his statement of enlistment into the Regular Army, DA Form 3286-64, the applicant was enlisted for training in the MOS 63B, Light Wheel Vehicle Mechanic, with Airborne Training, for a term of service of 3 years and zero months. This form was signed on 1 May 1998 by the applicant and his Regular Army reception station guidance counselor, a Sergeant First Class.

5.  The applicant’s current ETS shown in the automated personnel data base is 
7 September 2001.

CONCLUSIONS:

1.  Normally, 17 to 19 weeks is added to a soldier’s term of service to account for training time (to include airborne training).  In this case, the guidance counselor, acting as the official representative of the government, signed a statement of enlistment requiring of the applicant only a 3 year and zero week term of enlistment.  This latest statement of agreement is binding on both the applicant and the Army and supercedes previous agreements.  Consequently, the applicant’s ETS should be 3 years from the date of enlistment in the Regular Army, 27 April 2001.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by showing his ETS for his current period of enlistment as 27 April 2001.

BOARD VOTE:  

__BE___  __EL___  __HF___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Barbara J. Ellis ___
		        CHAIRPERSON

INDEX

CASE ID	AR1999033495	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.