PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           20 November 2001       
	DOCKET NUMBER:   AR2001058756

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		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)

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 date of rank be adjusted to show that he enlisted in the military as a private (PV2/E-2) on 26 March 2000, and that he was promoted to private first class (PFC/E-3) on 7 October 2000.  

3.  The applicant states, in effect, that he qualified for enlistment as a PV2/E-2, but the Military Entrance Processing Station failed to process the documents that entitled him to enlist at that pay grade.  He submits in support of his request a copy of his DD Form 4/1-4/3 (Enlistment/Reenlistment Document-Armed Forces of the United States) and a copy of a certificate from his high school showing that he completed 3 years of Air Force Junior Reserve Officers Training Corps (AFJROTC).

4.  The applicant's DD Form 4/1 shows that he enlisted in the Delayed Entry Program (DEP) in pay grade E-1 on 26 February 2000.  He initialed his DD Form 
4/2, Item 13a, to indicate he was made no promises or guarantees.

5.  On 26 March 2000, the applicant was discharged from the DEP.  On 27 March 2000, he enlisted in the Regular Army (RA) in pay grade E-1 for 3 years.  He also enlisted for training in military occupational specialty (MOS) 14S, Avenger Crewman, and for assignment to Korea (Option 9B - US Army Station Unit Command Area Enlistment Program (Korea)).  

6.  The certificate that the applicant submitted from his high school verifies that he completed 3 years of AFJROTC and, upon completion of high school, he would be authorized the advanced rank of E-3.  His Senior JROTC Instructor signed the certificate.

7.  In the processing of this case, an advisory opinion was obtained from the Department of the Army, Office of the Deputy Chief of Staff for Personnel (ODCSPER) that states the applicant was entitled to enlistment in pay grade E-3, based on the JROTC recommendation from his Senior JROTC Instructor and in accordance with paragraph 2-20, Army Regulation 601-210, as amended.  The ODCSPER opinion recommends that the applicant's records be corrected to reflect that he enlisted in the military on 27 March 2000 in pay grade E-3 and that he be granted compensatory back pay.  It also recommended that the KEYVIEW Database be corrected to reflect the same.  The above advisory opinion was referred to the applicant for comment or rebuttal, but he failed to respond.

8.  Paragraph 2-20, Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides that a high school diploma graduate or high school senior who has taken part in and completed 1 or more years of JROTC or a Defense Cadet Corps Program may enlist in the military at anytime in pay grade E-3.

9.  Paragraph 6-2, Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) provides that service members who were eligible for enlistment in an advanced grade in accordance with the above regulation, but did not have the required documentation at the time of enlistment, may be advanced to the proper grade upon presentation of the required documentation.  The documents must be present within 1 year from the date of enlistment.  The date of rank and the effective date of rank will be the date of the enlistment agreement.

CONCLUSIONS:

1.  By regulation, the applicant was entitled to enlist at pay grade E-3 because of his completion of AFJROTC.  The Board concurs with the ODCSPER advisory opinion that the applicant's records and the KEYVIEW database be corrected to show that he enlisted in the RA on 27 March 2000 in pay grade E-3 and that he should be provided compensatory back pay.

2.  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:

	a.  by amending the applicant's DD Form 4/1-2 and the appropriate orders to show that he enlisted in the RA on 27 March 2000 in pay grade E-3;

	b.  by updating the "KEYVIEW Database" to show that the applicant enlisted in the military on 27 March 2000 in pay grade E-3; and

	c.  by granting the applicant all back pay and allowances for pay grade E-3.

BOARD VOTE:

_JLP____  _MHM___  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__    Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR2001058756	
SUFFIX		
RECON	 	
DATE BOARDED	20011120	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.1400	
2.		
3.		
4.		
5.		
6.