MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 April 2002
	DOCKET NUMBER:   AR2001066183

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John T. Meixell		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 to show that he was enlisted in the pay grade of E-3, that he received on-time promotions with appropriate time in grade, that he is entitled to back pay and allowances with interest compounded annually and retroactively, and that he be provided corrected W-2 Forms, a new DD Form 214, and a copy of his 201 file reflecting the corrections.

APPLICANT STATES:  In effect, that he had 2 years of Reserve Officer Training Corps (ROTC) training at Clemson College when he enlisted in the United States Army Reserve (USAR) and should have been enlisted in the pay grade of E-3 instead of the pay grade of E-1.  Accordingly, he desires that his records be corrected to show that he enlisted in the pay grade of E-3, that he receive the 
on-time promotions he would have received, that he be given all back pay and allowances he would have received, that he be issued corrected W-2 tax forms, that his discharge and DD Form 214 be corrected, and that he be given a copy of his corrected 201 file.

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

He enlisted in the USAR in Sumter, South Carolina on 15 May 1963 for assignment to a USAR Unit in Sumter.  He enlisted in the pay grade of E-1 and his enlistment contract indicated that he had completed 2 years of Army ROTC at Clemson College.  Although his records do not contain a copy of his college transcripts, his Enlisted Qualification Record (DA Form 20) indicates that he attended Clemson College and the University of South Carolina and did not obtain a degree.  He also attended a College of Mortuary Science in Nashville, Tennessee for 1 year and was licensed as a mortician.

He completed his training and was returned to his unit where he was promoted to the pay grade of E-6 on 17 May 1968.  He remained in his USAR unit until he was honorably discharged in the pay grade of E-6 on 20 May 1969, due to the expiration of his term of service.

Army Regulation 140-111, the regulation in effect at the time, provided the standards and procedures for enlistment in the USAR.  It provides, in pertinent part, that enlistment in the USAR will be in the grade of recruit E-1.  However, individuals who provide proof that they have completed 2 years of senior ROTC and whose termination of such training was under honorable conditions and for reasons other than academic failure, are authorized to be enlisted 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.  Although the applicant’s records show that he completed 2 years of ROTC at the time of his enlistment in the USAR, the Board cannot determine with any degree of certainty why he was not enlisted in the pay grade of E-3.

2.  However, his enlistment contract does show that he completed 2 years of ROTC and that he was approved for enlistment in the pay grade of E-1.  Inasmuch as the regulatory guidance at the time provided specific criteria for enlistment in the pay grade of E-3, based on completion of ROTC, the Board must presume, in the absence of evidence to the contrary, that at the time     (39+ years ago), a determination was made that the applicant did not meet the criteria for enlistment at a higher grade. 

3.  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.  The applicant has failed to submit evidence that would satisfy this requirement.

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

__md ___  ___jm___  ___inw __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001066183	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  224	112.0200/ENL GRD	
2.		
3.		
4.		
5.		
6.