MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 February 2000  
	DOCKET NUMBER:    AR1999034081

	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.

	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		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 his records be corrected by changing his enlistment contract, DD Form 4/1 to show he enlisted in pay grade E-3.

APPLICANT STATES:  That a document from the Los Angeles Army Guidance Shop indicates that he would be enlisted in the pay grade of E-3 based on his promotion through Reserve Officers Training Corps (ROTC).  In support of his request the applicant provides a copy of his enlistment contract, a certificate of completion from Junior ROTC for 3 years, a letter of recommendation for promotion to Private First Class in the Army, from his Air Force Junior ROTC instructor, a form from the Los Angeles Army Guidance Shop, USMEPCOM Form 601-23-4, Restrictions on Personal Conduct in the Armed Forces. 

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

On 21 August 1997, he enlisted in the Regular Army in the pay grade of E-2, for a period of 4 years. 

The applicant participated in the Air Force Junior ROTC program for 3 years while attending Arlington High School, in Riverside, California.

The applicant received checklist (Los Angeles Army Guidance Shop), provided by the Los Angeles Military Entrance Station (LA MEPS), showing that he needed to acquire a picture ID, a direct deposit form, and an official high school transcript showing a minimum of 1 year completion of ROTC, or a letter recommending promotion to pay grade E-2 or E-3, from his Senior Service Instructor, prior to his departing for basic training. 

On 19 February 1998, the applicant’s Air Force ROTC, Aerospace Science instructor recommended that he be promoted to Private First Class in the U.S. Army.

Army Regulation 601-210, paragraph 2-20b, provides that an applicant who is a high school graduate or high school senior and has taken part in and completed
1 or more years of Junior Reserve Officer Training Corps (JROTC) can enlist at any time, in the pay grade of E-2.  

Army Regulation 601-210, paragraph 2-20c, provides that an applicant who has taken part in and completed 1 or more years of Senior Reserve Officer Training (SROTC) may enlist at any time, in the pay grade of E-3. 

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

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.  

3.  The Board notes that the applicant has a letter from his Aerospace Science instructor recommending him for promotion to pay grade E-3, however, applicant’s enlisting with 1 or more years of JROTC can only enlist in the pay grade of E-2, whereas SROTC participants enter in the pay grade of E-3.  Hence, the higher grade applies only to SROTC participants.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___vbc___  ___jps__  ___klw__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034081	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000210	
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. 310	112.02	
2.		
3.		
4.		
5.		
6.