MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  30 March 2000
	DOCKET NUMBER:   AR1999033663

	I certify that hereinafter is recorded the record of consideration 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 Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his ETS (Expiration of Term of Service) be adjusted to 3 years as reflected on his DD Form 4/3, Enlistment Document, dated 12 February 1997.

APPLICANT STATES:  When he entered on active duty, he believed that it was for a 3 year period of service and not a 3 year and 17 week period of service.

EVIDENCE OF RECORD:  The applicant's military records show:

That he enlisted in the USAR Delayed Entry Program on 31 December 1996 with a report date for enlistment in the Regular Army on 12 February 1997 for a 3 year and 17 week period of service according to item 8a, the enlistment agreement on his Enlistment Document, DD Form 4/1.

On 12 February 1997, the applicant requested on the DD Form 4/3, item 20a, that he be discharged from the USAR and enlisted in the Regular Army for 
3 years.  He was discharged from the USAR on 12 February 1997 and enlisted in the Regular Army the same day.  On 12 February 1997, the applicant signed a DA Form 3286-63, Statement for Enlistment – United States Army Training Enlistment Program, for training in the Career Management Field 11, Infantry, with Airborne Training.  In item 1g of this form, the applicant acknowledged that his term of enlistment in the Regular Army was for 3 years and 17 weeks.  His current ETS is shown on his automated Personnel Qualification Record as 
10 June 2000.

The Retention Management Division of the U.S. Total Army Personnel Center rendered an opinion that the correct period of service is 3 years and 17 weeks as stated on the DD Form 4/1, item 8a, and on the A Form 3286-63, item 1g.  The 
3 year entry on the DD Form 4/3, item 20a, is determined to be a clerical error.  The applicant was provided the opportunity to rebut the advisory opinion but failed to do so in the established time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant did sign the DA Form 3286-63 on the day he enlisted in the Regular Army, 12 February 1997, acknowledging that his term of enlistment in the Regular Army was for 3 years and 17 weeks.  Thus his posted ETS date of 10 June 2000 is correct.  There is no error in the applicant’s ETS date.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__BE__  __EL___  __HF       ___  DENY APPLICATION

						Karl F. Schneider
				    Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033663	
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	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.