PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            7 August 2001
	DOCKET NUMBER:   AR2001056708

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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 that he enlisted in the pay grade of E-2.

3.  The applicant states that he participated in the Junior Reserve Officer Training Corps (JRROTC) Program in his freshman year of high school and was told by his recruiter that he could enlist in the pay grade of E-2.  In support of his application he submits a copy of his high school transcripts dated 13 February 2001.

4.  The applicant’s military records show that he enlisted in the pay grade of E-1 on 8 August 2000 for training as a light wheeled vehicle mechanic and enrollment in the Army College Fund Program.  He completed his training and was transferred to Fort Hood, Texas.

5.  In the processing of this case a staff advisory opinion was obtained from the Recruiting Policy Branch of the Office of the Deputy Chief of Staff for Personnel (ODCSPER) which opined, in effect, that his transcripts do substantiate his participation in JRROTC; however, he did not produce the document within         6 months of enlistment.  Officials at the ODCSPER opined that while he did not produce the documents within the prescribed timeframe required, he should be advanced as requested.  The opinion was provided to the applicant for comment and to date no response has been received from the applicant.

6.  Army Regulation 601-210 provides the criteria for enlistment into the Army.  It provides, in pertinent part, that a soldier who is a high school graduate who has completed 1 or more years of JRROTC may enlist in the pay grade of E-2. Enlistees who lack documentation at the time of enlistment may submit supporting documents within 6 months on enlisting in order to receive advancement to the pay grade of E-2. 

CONCLUSIONS:

1.  Although the applicant did not submit documentation to substantiate his participation in JRROTC within 6 months of enlistment, it appears that he did not receive his transcripts until shortly after his 6-month deadline had passed.

2.  Therefore, the Board finds that the delay in receiving the transcripts was not within his control and given that he was undergoing training and was in a transient status until he reached Fort Hood, the delay is reasonable.  

3.  Accordingly, the Board finds that it would be in the interest of justice, as an exception to policy to correct his records to show that he enlisted in the pay grade of E-2, with entitlement to all back pay and allowances. 

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, as an exception to policy, by showing that the individual concerned enlisted in the pay grade of E-2, effective 8 August 2000, with entitlement to all back pay and allowances.

BOARD VOTE:  

__tbr____  __mkp___  __rks ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001056708	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  224	112.0200/grd/dor	
2.		
3.		
4.		
5.		
6.