PROCEEDINGS

	IN THE CASE OF 

	BOARD DATE:           12 August 2003                   
	DOCKET NUMBER:   AR2003085916

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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, in effect, that his private first class/E-3 (PFC/E-3) date of rank (DOR) be changed to 23 July 2002.  

3.  The applicant states, in effect, that he completed three years in the Junior Reserve Officer Training Corps (JROTC) and had a letter from his senior service instructor recommending that he be granted the rank and pay grade of PFC/E-3 upon his enlistment in the Army in accordance with the governing regulation.  In support of his application, he submits a copies of his Enlistment/Reenlistment Contract (DD Form 4/1 and 4/3), High School Diploma, Military Training Certificate, and promotion recommendation.  

4.  The applicant’s military records show that he entered the Regular Army on 
23 July 2002 in pay grade E-1.  He was trained in, awarded, and is currently serving in military occupational specialty (MOS) 95B (Military Police) at 
Fort Bragg, North Carolina.  

5.  The DD Form 4/3 on file shows that the applicant enlisted in the Regular Army in the rank and pay grade of private/E-1 (PV1/E-1) on 23 July 2002.  A Military Training Certificate provided by the applicant confirms he completed three years of the JROTC program on 1 June 2002.  The applicant also provides a promotion recommendation from Director of Army Instruction from the JROTC program, which recommends he receive the rank and pay grade of PFC/E-3 upon enlistment in the Army.  

6.  In the processing of this case an advisory opinion was obtained from the Chief, Policy and Eligibility Inquiries Branch, Total Army Personnel Command (PERSCOM).  It states that the applicant’s enlistment contract was erroneous due to the Guidance Counselor’s error in not properly enlisting the applicant in the pay grade E-3 in accordance with the governing regulation, which authorizes enlistment in that pay grade for applicant’s who have completed three or more years of JROTC with a recommendation from the Army senior service instructor (SSI).  Based on the applicant having satisfied this criteria, this PERSCOM official recommended that his enlistment contract be corrected to show that he enlisted in pay grade E-3, and that his PFC/E-3 be adjusted to 23 July 2002.  The applicant was provided a copy of this opinion for comment.  To date, he has failed to reply.  

7.  Army Regulation 601-210 prescribes the policies and procedures for enlistment in the Army.  An Operations Memorandum, dated 10 January 2002, SUBJECT:  Army Regulation 601-210 Operational Memorandum, dated 10 January 2002, outlined operational changes to the regulation.  Among these changes, it added paragraph 2-20b to the regulation.  This paragraph authorizes the enlistment grade of E-3 to applicants who completed three or more years of a JROTC program, and who had a recommendation from the SSI.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his enlistment rank and pay grade of PV1/E-1 be changed to PFC/E-3, and that his PFC/E-3 DOR be corrected to read 23 July 2002, and it finds this claim has merit.  

2.  By regulation, individuals are authorized to enlist in the pay grade of E-3 if he/she has completed 3 years or more of JROTC and who have a recommendation from the SSI.  The evidence of record confirms that the applicant completed 3 years of JROTC and he possessed a recommendation that he be granted an enlistment rank and pay grade of PFC/E-3 from his SSI.  

3.  In view of the facts of this case, the Board concurs with the findings and recommendations contained in the PERSCOM advisory opinion, which confirm that the applicant was entitled to enlist in the Army in the pay grade E-3.  Thus, it concludes that it would be appropriate to correct the applicant’s record to show he enlisted in the Army in the rank and pay grade of PFC/E-3 on 23 July 2002, and that this enlistment date was established as both his promotion effective date and DOR.  Further, the Board finds it would be appropriate to provide the applicant all back pay and allowances due based on this correction.  

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 was enlisted in the rank and pay grade of private first class/E-3 on 23 July 2002; that his enlistment date of 23 July 2002 be established as his private first class/E-3 promotion effective date and date of rank; and that he be provided all back pay and allowances due as a result of these corrections.  

BOARD VOTE:  

FCJ_  __WDP__  __TSK    GRANT AS STATED IN RECOMMENDATION

________  ________  ___  GRANT FORMAL HEARING

________  ________  ___  DENY APPLICATION

		Ted S. Kanamine
		 CHAIRPERSON

INDEX

CASE ID	AR2003085916	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 224	112.0200	
2.		
3.		
4.		
5.		
6.