| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Melinda M. Darby | Member | |
| Mr. John T. Meixell | Member |
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
| 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. |
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