RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 APRIL 2004     
	DOCKET NUMBER:   AR2003094526

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John P. Infante		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his pay grade on his 11 July 2002 enlistment contract be changed from pay grade E-2 to pay grade E-3.

2.  The applicant states that he enlisted in the Delayed Entry Program (DEP) on 26 January 2002.  He had completed three years of Junior Reserve Officer Training Corps (JROTC) instruction and was entitled to an enlistment grade       of E-3; however, when he enlisted on 11 July 2002 his enlistment contract showed grade E-2, because the guidance counselor did not copy the reverse of his certificate containing a recommendation from his JROTC instructor that he be enlisted in pay grade E-3.  Subsequently, he was informed that his grade could be corrected.  When he arrived at his first duty station, his grade was still E-2.  His battalion was able to correct his grade; however, he was informed that he would have to get his contract corrected to ensure that the issue of his grade did not resurface.

3.  The applicant provides a copy of his enlistment contract, a copy of a certificate showing completion of three years of JROTC, a copy of a pay inquiry, and a copy of his enlisted record brief.

CONSIDERATION OF EVIDENCE: 

1.  The applicant enlisted in the Army Reserve for 8 years in the DEP in pay grade E-3 on 26 January 2002.  He was discharged from the Army Reserve DEP upon his enlistment in the Regular Army for 4 years on 11 July 2002.  His enlistment grade is shown as E-2.  

2.  The applicant completed 3 years of instruction in the JROTC on 22 May 2002.

3.  On 13 December 2002 the applicant completed a pay inquiry concerning his pay grade.  The applicant's enlisted record brief of 17 June 2003 shows his rank as private first class (pay grade E-3) with a date of rank of 11 July 2002.  

4.  In a 17 June 2003 memorandum to this Board, the Adjutant of the 41st Signal Battalion stated that the applicant's record was corrected to reflect a grade of E-3 with a date of rank of 11 July 2002, which would correct his military pay.  That officer indicated that the applicant still needed to have his enlistment contract corrected to show his pay grade as E-3.

5.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  An official of that command stated that the applicant should have been enlisted in pay grade E-3.  The system shows that his grade and date of rank have now been corrected.  That official recommended no change to the applicant's records.

6.  In response to the advisory opinion, the applicant acknowledged that his date of rank had been corrected; however, his application was sent to this Board in order to correct [the grade] reflected on his contract, not to get his date of rank changed.  He requested that his grade on his contract be corrected. 

7.  Army Regulation 601-210 states, in pertinent part, that an applicant [for enlistment] is authorized enlistment grade of PFC E-3 if he has completed 3 or more years of JROTC with a recommendation from the senior service instructor that he be enlisted in that grade. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant should have been enlisted in the Regular Army in pay grade   E-3 on 11 July 2002, as acknowledged by the PERSCOM official.  His grade and date of rank has since been corrected as that official and the applicant have indicated.     

2.  The applicant's 11 July 2002 enlistment contract (DD Form 4/3), however, is still incorrect.  Notwithstanding the recommendation made by the PERSCOM official, the contract should be corrected to show his proper grade at the time of his enlistment.  

3.  Therefore, the applicant's enlistment contract (DD Form 4/3) should be corrected to show that he enlisted in pay grade E-3 on 11 July 2002.   

BOARD VOTE:

__JNS __  __JPI ___  __RKS__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he enlisted in the Regular Army in pay grade E-3 on 11 July 2002. 

		____ John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003094526	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040415	
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.	112.02	
2.		
3.		
4.		
5.		
6.