BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110020814 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged in the rank/grade of private first class (PFC)/E-3 instead of private (PV2)/E-2.

2.  The applicant states prior to entering active duty in 1992, he had completed
3 years of instruction in the Reserve Officers’ Training Corps (ROTC).  Paragraph 5-9 of Army Regulation 145-2 (Junior ROTC (JROTC) - Organization, Administration, Operation, and Support) states he should have entered the Army as an E-3 instead of an E-2.  

3.  The applicant provides his DD Form 214 and a DA Form 134 (Military Training Certificate - ROTC). 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) on 10 December 1992.  Section VI (Remarks) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the entry "2 year of JROTC verified" and that the applicant enlisted in accordance with Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), chapter 2, Table 2-3, Rule B-1, in the rank/grade of PV2/E-2.

3.  He was ordered to active duty on 1 June 1993 by authority of Orders 241-12, issued by the Houston Military Entrance Processing Station.  The orders listed his rank as PV2.

4.  He entered active duty for training at Fort Leonard Wood, MO, on 1 June 1993.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record), which was created upon his entry on active duty, listed his rank as PV2 with a date of rank as 1 June 1993.

5.  He was discharged from active duty on 12 July 1993 after having failed to meet procurement medical fitness standards.  The DD Form 214 he was issued shows in:

* items 4a and 4b the entry "PV2" and "E-2," respectively
* item 12h (Effective Date of Pay Grade) the entry "92  12  10"

6.  He submitted a certificate, dated 12 May 1993, that certified he had successfully completed 3 years of instruction in the ROTC program.  The certificate is signed by a Senior Army Instructor and states in accordance with Army Regulation 145-2, paragraph 5-8, recommend the above named cadet receive advanced placement in Senior ROTC (SROTC).  Further, recommend, in accordance with paragraph 5-9, Army Regulation 145-2, that said cadet be allowed to enlist in pay grade E-3 in the event he/she should join the military service.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders).


8.  Army Regulation 601-201, in effect at the time, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the USAR for enlistment on or after the effective date of this regulation.  Chapter 2, Table 2-3, Rule B-1, states:

	a.  A non-prior service applicant who has taken part in JROTC or National Defense Cadet Corps programs and has successfully completed the first 2, 3, or 4 years of a prescribed Army, Navy, Marine Corps, or Air Force secondary education division program, but has not been recommended in writing by the senior service instructor (SSI) concerned, may enlist at any time in pay grade 
E-2. 

	b.  An applicant who has completed the first 3 of 4 years of a prescribed Army, Navy, Marine Corps, or Air Force program and has been recommended in writing by the SSI concerned, may enlist at any time in pay grade E-3.  

   c.  The applicant must present one of the forms shown below to support entitlement for a higher pay grade.  The proper form must be completed by the applicant's JROTC or SROTC senior instructor, and presented for taking part in the following.  For Army ROTC, DA Form 134 (Military Training Certificate-ROTC) or school transcript verifying number of years completed.

9.  Army Regulation 145-2 provides command policy and guidance for the standardization and guidance for the JROTC program.  It states a JROTC cadet may qualify for the following grade status of enlistment in a Regular or Reserve Component of the Army and the Army National Guard.

* The rank of PV2/E-2 if member has successfully completed 1 year of a prescribed JROTC course
* The rank of PFC/E-3 if member has successfully completed a minimum of 3 years, is otherwise qualified and recommended by the Senior Army Instructor; if determined not entitled to the rank of PFC/E-3, then the rank of PV2/E-2 minimum
* JROTC cadets who have completed a 3 or 4 year JROTC course qualify for the rank of PV2/E-2, as a minimum, on enlistment in an active or Reserve Component of the Armed Forces other than Army

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 10 December 1992.  At the time of enlistment, he had completed 2 years of JROTC.  His DD Form 4 confirms his recruiter verified completion of 2 years of JROTC; therefore, he was enlisted in the rank/grade of PV2/E-2.  The applicant had not completed 3 years of JROTC at the time of enlistment. 

2.  His Senior Army Instructor verified completion of 3 years of JROTC and recommended his enlistment in the rank/grade of PFC/E-3, but he did so in May 1993, several months after the applicant had already enlisted. 

3.  The applicant enlisted in the correct rank/grade of PV2/E-2 based on his qualifications at the time.  He entered active duty training in that rank/grade and he was discharged in that rank/grade.  His DD Form 214 correctly listed his rank/grade as PV2/E-2.  The applicant did not provide a convincing reason to change his rank/grade.  Therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110020814



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ABCMR Record of Proceedings (cont)                                         AR20110020814



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