MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 March 2000                  
	DOCKET NUMBER:   AR1999032042

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That he be granted back pay for pay grade E-3 from   22 October 1998 to 5 June 1999.

APPLICANT STATES:  That he came into the military as a E-1 which was in error.  He contends that he had 3 years of advanced ROTC and was told that he would be enlisted as an E-3 when he enlisted.

In support of his request, he has provided a copy of his DD Form 4/1 and 4/3 (Enlistment/Reenlistment Document), a copy of his permanent record from the Atlanta Georgia Public High Schools and copies of his military leave and earnings statement for the periods 1-31 March 1999 and 1-31 August 1999.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Delayed Entry Program (DEP) on 28 July 1998.  The DD Form 4/1, line 8 reflects his pay grade as E-1.  On 22 October 1998 he enlisted in the Regular Army for 3 years in pay grade E-2.  

His high school records show that he participated in initial and advanced ROTC while a high school student.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the US Total Army Personnel Command (PERSCOM).  The PERSCOM opines that the applicant’s pay grade (E-1) was incorrect upon his enlistment in the DEP, and should be corrected to show pay grade E-2; however, he was otherwise enlisted in the grade authorized by regulation and no other correction is warranted.

Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, paragraph 2-20, provides in pertinent part, that an applicant who is a high school diploma graduate or high school senior and has taken part in and completed 1 or more years of Junior Reserve Officer Training Corps or a National Defense Corps Program and enlist at any time will be enlisted in pay grade E-2.

The same regulation provides that an applicant who has taken part in and completed 1 or more years of Senior Reserve Officer Training Corps will be enlisted in pay grade E-3.

Army Regulation 145-1, Senior Reserve Officer Training Corps Program, defines the SROTC Program as presented at college level institutions and at the college level element of Military Junior Colleges.  The Advanced course is defined as the last 2 years of the SROTC Program including advanced camp.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  It appears that the applicant was properly enlisted in pay grade E-2.

2.  Participation in High school level ROTC authorizes enlistment in the grade of E-2.  Advanced ROTC, as alluded to in the enlistment regulation, pertains to participation in SROTC at the college level and authorized enlistment in grade   E-3. 

3.  Since the evidence submitted by the applicant concerns his completion of high school ROTC, he was enlisted in the correct grade of E-2.

4.  As an administrative matter, the grade shown on the applicant’s DD Form 4/1 when he enlisted in the DEP should be corrected to show his grade as E-2 vice E-1.  However, this change will have no bearing on pay since time in the DEP is not creditable for pay purposes.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The applicant’s DD Form 4/1, line 8, will be corrected to reflect his correct grade as E-2 at the time of his enlistment in the DEP.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_jh  _____  _tdh ____  _cjs_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032042	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000309	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  129.05		
2.		
3.		
4.		
5.		
6.