PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           04 APRIL 2002
	DOCKET NUMBER:   AR2002066518

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 by showing he enlisted in the Regular Army in the pay grade of E-3.

3.  The applicant states that he has not been promoted to pay grade E-3, that he completed 3 years of Army Junior Reserve Officers’ Training Corps (AJROTC) and should have enlisted as a PFC/E-3.

4.  The applicant’s military records show that he enlisted in the Regular Army on 6 June 2000, in the pay grade of E-1.

5.  The applicant successfully completed 3 years of instruction in the AJROTC in May 1999.

6.  On 9 October 2000, the applicant’s Senior Army Instructor recommended him for advancement to the pay grade of E-3 at the time of his enlistment in the military.

7.  In the processing of this case an advisory opinion was obtained from the Deputy Chief of Staff for Personnel, Recruiting Policy Branch.  It states that the applicant was entitled to an accelerated enlistment grade when being accessed to active duty, that he was entitled to the rank of PFC in accordance with Army Regulation 601-210, chapter 2, paragraph 2-20b, enlistment pay grades for personnel without prior service.  The opinion further states that the applicant’s date of rank and promotion to PFC/E-3 needs to be adjusted to 6 June 2000 the date of his initial entry to active duty, with back pay and allowances from that date.  The applicant was provided a copy of the advisory opinion and concurred.

8.  Army Regulation 601-210 provides, in pertinent part, that personnel without prior service who have completed 3 years of Junior ROTC and received a letter from his Senior Service Instructor recommending that he be enlisted in the grade of PFC/E-3, will be advanced to PFC/E-3 upon enlistment in the military.  

CONCLUSIONS:

1.  At the time of the applicant’s enlistment in the Regular Army he had successfully completed 3 years of Junior ROTC, and had been recommended for an accelerated promotion to PFC/E-3 by his Senior Service Instructor, and was thereby entitled to be enlisted in the rank of PFC/E-3.

2.  The applicant is entitled to a 6 June 2000 date of rank and effective date for promotion to PFC/E-3.  He should also be paid back pay for PFC/E-3 based on his initial date of enlistment to active duty, which was 6 June 2000.  

3.  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 promoting the applicant to the pay grade of E-3 with a date of rank and effective date of 6 June 2000, with back pay and allowance from that date.

BOARD VOTE:  

__AAO__  ___RWA_  ___KYF _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian __ 
		        CHAIRPERSON

INDEX

CASE ID	AR2002066518	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020404	
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.	131.00	
2.		
3.		
4.		
5.		
6.