PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 August 2000                   
	DOCKET NUMBER:   AR2000043301

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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 records be corrected to show he enlisted as a private first class (PFC), E-3 on 29 September 1999.

3.  The applicant states that he did not have the proper documentation at the time he enlisted but according to regulation his date of rank should be adjusted to the date of enlistment as long as the proper documentation is available.

4.  The applicant’s military records show that he enlisted in the Regular Army on 29 September 1999 in the rank and grade of Private (PV2), E-2.  He had completed 3 years of Marine Corps Junior Reserve Officer Training Corps (MCROTC) and graduated from high school prior to his enlistment.  The Senior Marine Instructor had certified his MCROTC training by letter dated 1 March 2000 and recommended his promotion to E-3.

5.  On 2 March 2000, the installation Chief, Education Division informed the applicant’s commander that the applicant was eligible for advancement to E-3 upon his enlistment.  However, the effective date and date of rank for soldiers who lacked documentation at the time of enlistment would be the effective date of promotion by the unit commander.  No retroactive adjustment was authorized.

6.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  In pertinent paragraphs, it states that the date of rank for persons without prior service enlisting in the Regular Army will be the date of enlistment on active duty.  An applicant is authorized enlistment grade of PFC,  E-3 if he or she has completed 3 or more years JROTC with a recommendation from the Senior Service Instructor that the applicant be enlisted in that grade.  A soldier who lacks documentation required for advance promotion at the time of enlistment may submit supporting documents to his personnel officer within 6 months of his enlistment.  The effective date and date of rank for soldiers who lacked documentation at the time of enlistment will be the effective date of the promotion by the commander.  No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after the time frames above will cause them to forfeit entitlement to this incentive. 

7.  In the processing of this case, an advisory opinion was obtained from the Recruiting Policy Branch, Office of the Deputy Chief of Staff for Personnel (ODCSPER).  ODCSPER opined that the supporting documentation substantiated the applicant’s entitlement to enter the Regular Army in the grade of E-3.  ODCSPER recommended that his grade and date of rank be adjusted to the rank of PFC, E-3 with an effective date of the date of his enlistment with entitlement to back pay.

8.  A copy of the advisory opinion was provided to the applicant.  He concurred in the advisory opinion.
CONCLUSIONS:

1.  The Board concludes that an injustice has occurred in this case.

2.  By having completed 3 years of MCJROTC in high school, the applicant would have been eligible for enlistment in the Regular Army in the rank and grade of PFC, E-3.  It should have been an easy matter for his recruiter to have contacted his JROTC instructors to verify the information and so have permitted him to enlist as a PFC.  Notwithstanding the regulatory guidance and in accordance with the advisory opinion, it would be appropriate to show that the applicant enlisted on 29 September 1999 in the rank and grade of PFC, E-3.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant enlisted in the Regular Army on            29 September 1999 in the rank and grade of PFC, E-3 as a result of his having completed 3 years of JROTC training and being a high school graduate.

2.  That the applicant be paid all due pay and allowances retroactive to               29 September 1999 as a result of the above mentioned correction.

BOARD VOTE:  

__tdh___  __aao___  __gjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Thomas D. Howard, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043301	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.