RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 December 2004
      DOCKET NUMBER:  AR2004100655


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his record to show his
enlistment rank and pay grade as private first class/E-3 (PFC/E-3).

2.  The applicant states, in effect, that prior to entering active duty, he
had completed 66 semester hours of college credit and in accordance with
the governing regulation, he was qualified to enlist in the rank and pay
grade of PFC/E-3.

3.  The applicant provides the following documents in support of his
application:  College Transcript; Memorandum of Disenrollment from the
Reserve Officer Training Corps (ROTC); Senior ROTC  (SROTC) Contract;
Acknowledgement of Cadet Call to Active Duty Orders and Amendments;
Temporary Duty (TDY) Orders; Soldier’s Statement; and Commander
Recommendation.

CONSIDERATION OF EVIDENCE:

1.  On 18 September 2001, the applicant enlisted in the United States Army
Reserve (USAR) for 8 years as a Cadet in the ROTC.

2.  On 16 July 2002, the applicant was notified in a memorandum
(Subject:  Disenrollment of Scholarship Cadet from ROTC) published by the
Army ROTC Battalion, University of Pittsburgh, Pittsburgh, Pennsylvania,
that action was being initiated to disenroll him from the ROTC program for
breach of contract and failure to maintain a semester grade point average
above 2.0 for the Spring 2002 semester.

3.  On 19 August 2002, the applicant completed a statement of understanding
acknowledging that he had been briefed on the terms of his SROTC contract
and that he had been found in breach of that contract.  He further
indicated that his desire was to serve on active duty immediately under
United States Army Cadet Command (USACC) Special Active Duty Provisions
(SADP) to fulfill his ROTC obligation.  He further acknowledged that he
understood he would be ordered to active duty as a private/E-1 (PVT/E-1)
for 3 years.

4.  On 8 October 2002, Orders Number 281-029, issued by USACC, ordered the
applicant to active duty for 36 months, in the rank and pay grade of PVT/E-
1, effective 15 November 2002.  These orders specified the applicant was
ordered to active duty to satisfy the terms of his SROTC contract under
USACC SADP.

5.  Headquarters, USACC Orders Number 318-048, dated 14 November 2002,
amended Orders Number 281-029 by changing the applicant’s active duty date
to 25 November 2002.

6.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Retention Management Division, United States Army
Human Resources Command (HRC), Alexandria, Virginia.  This HRC official
states that a review of the applicant’s record indicates he was enlisted on

25 November 2002 and erroneously assessed in the rank and pay grade of
PVT/E-1.  Further, the record shows he was promoted to PFC/E-3 on
13 September 2003.

7.  The HRC opinion also indicates that in accordance with the governing
enlistment regulation, enlistees who have successfully completed 48 or more
hours of classroom semester hours at an accredited college or university
are entitled to an enlistment rank and pay grade of PFC/E-3.  The
applicant’s college transcript confirms he completed 66 semester hours
prior to his enlistment.  Therefore, HRC officials recommend the
applicant’s record be corrected to show an entry rank and pay grade of
PFC/E-3 with a date of rank of 25 November 2002, and that the applicant
receive any financial entitlements that he otherwise would have been
entitled had his enlisted grade been correct.

8.  The applicant was provided a copy of the HRC advisory opinion in order
to have the opportunity to respond and on 27 July 2004, he concurred with
its contents.

9.  The applicant provides a transcript from Duquesne University that
confirms that as of the Spring 2002 semester, he had completed 66 semester
hours of college credit.

10.  Army Regulation 601-210 prescribes eligibility criteria for enlistment
in the Army.  Section II, Chapter 2 provides the policy for enlistment
period and pay grades.  Paragraph 2-20 provides guidance on enlistment
grades and it stipulates, in pertinent part, that an entry grade of PFC/E-3
is authorized for applicant’s who have successfully completed 48 or more
classroom semester hours at an accredited college or university.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was ordered to active
duty in the rank and pay grade of PVT/E-1 under USACC SADP based on his
breaching his SROTC contract.  The applicant’s order to active duty
complied with the provisions of his SROTC contract and was accomplished in
accordance with the governing regulation, to include the assignment of an
entry rank and pay grade of PVT/E-1.

2.  However, as indicated in the HRC advisory opinion, the enlistment
regulation authorizes an entry rank and pay grade of PFC/E-3 to all
enlistees who complete 48 or more semester hours at an accredited college
or university prior to enlistment.  Thus, had the applicant enlisted under
normal circumstances, he would have been authorized an entry rank and pay
grade of PFC/E-3.

3.  Although the applicant’s entry grade was properly established based on
the regulation governing the order to active duty of members who breach
their ROTC contract, it appears equity relief would be appropriate in this
case.  The applicant committed to serving his country during this very
unstable period of conflict when he could have elected an option that did
not require military service at the time he breached his ROTC contract.
Further, any enlistee with the same qualifications would receive an entry
grade of PFC/E-3.

4.  In view of the facts of this case, it would be appropriate and serve
the interest of equity and justice for the Army to recognize the
applicant’s commitment to service, as it would for any other enlistee.
Therefore, his record should be corrected to show he entered active duty as
a PFC/E-3 based on his successful completion of 66 semester hours of
college.

5.   Further, the applicant’s PFC/E-3 date of rank should be established as

25 November 2002, the date he entered active duty, and he should be
provided any back pay and allowances due as a result of this entry grade
correction.
BOARD VOTE:

__MHM__  __LDS__  __MJF___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected
by showing he entered active duty in the rank and pay grade of PFC/E-3 on
25 November 2002 and by providing him any back pay and allowances due as a
result of this change.




            ____Melvin H. Meyer ____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100655                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/12/09                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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