PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 April 2002
	DOCKET NUMBER:   AR2001065496

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 enlistment contract be corrected to reflect that he enlisted for 3 years instead of 6 years.

3.  The applicant states, in effect, that he was under the understanding that he was enlisting for 3 years; however, his contract states that he has a 6-year enlistment.  In support of his application he submits a copy of a letter his legal assistance attorney sent to the Enlisted Records and Evaluation Center (EREC).

4.  The applicant’s military records show that he enlisted in Baltimore, Maryland on 15 March 2000, under the Delayed Enlistment Program, with a report date to enlist in the Regular Army on 16 August 2000.  At the time of his enlistment, his Record of Military Processing – Armed Forces of the United States (DD Form 1966/1) was prepared to reflect that he was enlisting for training as an attack helicopter repairman in military occupational specialty (MOS) 67R, for a period of 3 years and assignment to Fort Stewart, Georgia.  His Statement for Enlistment (DA Form 3286) also indicated the same information as the DD Form 1966/1.  His Introductory Preaccession Interview Form (USMEPCOM Form 601-23-5-R-E) and his recruiting reservation sheet also indicates that he was enlisting for 3 years.  However, the back page of his Statement for Enlistment (DA Form 3286-64) and his Enlistment/Reenlistment Document (DD Form 4/3) indicate that he was enlisting for a period of 6 years.

5.  The letter submitted by the applicant addressed to the EREC from his legal assistance attorney indicates that she contacted officials at the Baltimore Military Entrance Processing Station where the applicant enlisted and spoke to a noncommissioned officer (NCO) who reviewed the applicant’s enlistment file and confirmed that the applicant had been enlisted for a period of 3 years.  His counsel contends that in order for there to be a valid contract, there must be a meeting of the minds regarding the essential terms and contends that such did not occur in this case.

6.  In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retention Management Division, which opined that the applicant’s contract should not be altered as requested because the minimum period for enlistment in MOS 67R was 6 years and the applicant’s DA Form 3286-64 and DD Form 4/3 indicate 6 years and were signed by the applicant.  The opinion was provided to the applicant for comment and to date no response has been received.

CONCLUSIONS:

1.  While the Board concedes that the applicant should have been enlisted for a period of 6 years in order to receive the training he enlisted for, after reviewing the enlistment documents contained in his Official Military Personnel File (OMPF), the Board finds more evidence to suggest that he was in fact told that he was enlisting for a period of 3 years.

2.  While he did sign the DA Form 3286-64 and DD Form 4/3 indicating that he was enlisting for a period of 6 years, he also signed numerous other documents that indicate that he was enlisting for a period of 3 years.

3.  Therefore, given the failure by the Department to properly prepare his enlistment contract and advise the applicant before enlistment, of the minimum number of years require to enlist in MOS 67R, the Board finds that he only agreed to enlist for a period of 3 years and that his contract should be corrected accordingly.

4.  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 by showing that the individual concerned enlisted on 16 August 2000, for a period of 3 years, instead of the 6 years that his enlistment contract currently reflects.

BOARD VOTE:  

___fe ___  __reb ___  ___be___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065496	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  225	112.0300/TERM OF ENL	
2.		
3.		
4.		
5.		
6.