2. The applicant requests, in effect, that the effective date of his promotion to pay grade E-3 be corrected to the date of his enlistment, and that the effective date of his promotion to pay grade E-4 also be corrected to show that it was effective at an earlier date than the date of the action advancing him to that grade.
3. He states that he had completed 4 years of Junior Reserve Officers Training Corps (JROTC) and was recommended for enlistment in pay grade E-3 with accelerated promotion to pay grade E-4 by his Senior Marine ROTC instructor. In consideration of those circumstances and in accordance with Army regulations, he was required to be enlisted in pay grade E-3 and receive an accelerated promotion to pay grade E-4.
4. In support of his application he submits a certificate showing that he attended the Marine Corps JROTC from August 1987 to June 1991 and completed that course on 3 June 1991. He also submits copies of two DA Forms 4187, Personnel Action, showing he was advanced to pay grade E-3 on 12 March 1994, with an effective date of 9 April 1992, and advanced to pay grade E-4 with an effective date of 12 December 1992. Both advancements were based on the applicants completion of JROTC.
5. The applicants records show that he enlisted in the USAR for assignment to a troop program unit on 9 April 1992 in pay grade E-1 with no prior service. On his enlistment contract, it was noted that he had completed 4 years of JROTC.
6. Army Regulation 601-210 provides the guidance for enlisting individuals in the Regular Army and Army Reserve. Table 2-3 specifies the pay grade in which to enlist individuals who do not have any prior military service. Rule B1 of that table specifies that individuals who have successfully completed 3 to 4 years of JROTC instruction, but have not been recommended in writing by the senior service instructor (SSI) for enlistment at a higher pay grade, will be enlisted in pay grade E-2. Rule B2 of that table specifies that individuals who have successfully completed 3 to 4 years of JROTC instruction, and have been recommended in writing by the SSI for enlistment at a higher pay grade, will be enlisted in pay grade E-3. Rule B3 of that table specifies that individuals who have successfully completed 3 to 5 years of JROTC instruction, presents evidence of validation of test or proficiency in a military occupational specialty (MOS) authorized for the grade for which applying, and have been recommended in writing by the SSI for enlistment at a higher pay grade, will be enlisted in pay grade E-4.
7. Army Regulation 600-200, paragraph 7-9, provides for the advancement of soldiers who should have been enlisted in a higher grade but lacked the documentation to substantiate their eligibility at the time of enlistment. That paragraph also states that soldiers who were promoted with a retroactive date of rank would be advised of their right to petition the Board for correction of the effective date of their promotions.
CONCLUSIONS:
1. The applicant was eligible to be enlisted in pay grade E-3 due to his completion of JROTC and by virtue of his SSIs recommendation.
2. Therefore, his advancement to pay grade E-3 should have been effective the date of his enlistment.
3. However, there is no record that the applicant was ever given an MOS proficiency test prior to his enlistment in the USAR. As such, he was not entitled to be enlisted in pay grade E-4 or, accordingly, an accelerated advancement to pay grade E-4.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was enlisted in pay grade E-3 on 9 April 1992.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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