BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140016648 


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 records to show he enlisted in the rank/grade of private first class (PFC)/E-3 vice private (PV2)/E-2.

2.  The applicant states he was supposed to be PFC/E-3 prior to enlisting due to 3+ years of Junior Reserve Officers' Training Corps (JROTC); but, the Military Entrance Processing Station (MEPS) did not give him the proper rank.  The issue was brought up during basic and advanced individual training but he was always told to wait until he reached his unit.  The matter was brought to the attention of his chain of command and all efforts to fix it have been exhausted.  Now his leadership told him to reach out to this Board.  He enlisted prior to 1 April 2013. But he didn't leave until he graduated from high school that summer.  It is possible personnel at Miami MEPS misinterpreted the fact that when he left home in August meant that he was just enlisting.

3.  The applicant provides an extract of Army Regulation 601-210 (Active and Reserve Components Enlistment Program) and U.S. Army Recruiting Command (USAREC) Form 1137 (U.S. Army Recruiting Command Future Soldier Pre-Execution Checklist). 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP), in the rank/grade of private (PVT)/E-1 on 6 March 2013.  He enlisted at the Miami, FL, MEPS.  His DD Form 4/1 (Enlistment/Reenlistment Document) shows he indicated he understood he would report to the Miami MEPS on 13 August 2013 for enlistment in the Regular Army (RA). 

2.  He was discharged from the DEP on 11 August 2013 and subsequently enlisted in the RA for a period of 3 years and 32 weeks on 12 August 2013, also at the Miami MEPS.  

3.  His DD Form 1966/1 series (Record of Military Processing) shows in Section VI (Remarks) the applicant has completed 3 years of JROTC.  DEP and Accession pay grade is E-2 by authority of Army Regulation 601-210, paragraph 2-18(a)(3) which authorizes pay grade E-2 for future Soldiers who have completed 2 or more years of JROTC.   

4.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 35F (Intelligence Analyst).  He was subsequently reassigned to the 2nd Battalion, 35th Infantry, 25th Infantry Division, Schofield Barracks, HI. 

5.  On 24 May 2014, his unit commander published a DA Form 4187 (Personnel Action) advancing him to PFC/E-3 effective 1 June 2014. 

6.  He provides: 

	a.  Extract of Army Regulation 601-210, dated 8 February 2011, that shows in paragraph 2-18(3), the enlistment grade for personnel without prior service who have completed 3 or more years of JROTC may enlist at any time in pay grade PFC/E-3. 

	b.  Page 3 of a USAREC Form 1137, dated 2 August 2013, that reads “This Future Soldier is eligible for promotion to PFC/E-3.  The Future Soldier completed his 3rd year of JROTC this year and enlisted prior to 1 April 2013.  Under USAREC Message 13-134.5.a, the Future Soldier is grandfathered to ship with the promotion attained in accordance with Army Regulation 601-210 prior to the changes. 

7.  An advisory opinion was received from the U.S. Army Human Resources Command (HRC) in the processing of this case.  An HRC official recommended disapproval of the applicant's request and opined that the applicant enlisted in the DEP on 6 March 2013 as a PVT/E-1.  He was discharged from the DEP and enlisted in the RA on 12 August 2013 as a PV2/E-2.  In accordance with Army Regulation 601-210, dated 12 march 2013, chapter 2, paragraph 18(a)(3), a member who has "completed 2 or more years of Junior ROTC may enlist at any time in pay grade E-2." 
8.  The applicant was provided with a copy of this advisory opinion for an opportunity to submit a rebuttal but he did not respond. 

9.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior Service (PS), into the RA, the Army Reserve, and the Army National Guard (ARNG).  It also provides policies and procedures to process applicants for enlistment in the DEP and on delayed status (DS).  

	a.  The regulation in effect on 8 February 2011 stated in paragraph 2-18, this paragraph applies to DEP, DTP, or ARNG applicants.  It explains who may enlist and when and at what pay grade.  An applicant who has completed 2 or more years of Junior ROTC (JROTC) or a National Defense Cadet Corps (NDCC Program may enlist at any time at pay grade PFC/E-3. 

	b.  A Rapid Reaction Revision to this regulation, dated 12 March 2013, states in paragraph 2-18, this paragraph applies to DEP, DTP, or ARNG applicants, and explains who may enlist and when and at what pay grade.  An applicant who has completed 2 or more years of Junior ROTC (JROTC) or a NDCC Program may enlist at any time at pay grade PV2/E-2.

10.  USAREC Message 13-134, dated 21 May 2013, Subject: Changes to Advanced Enlistment Grades (Clarification) reemphasized the changes to the advancements in pay grades awarded to a new recruit prior to entering onto active duty.  Effective 1 April 2013, advanced entry grades awarded, changed as indicated.  2 or more years of JROTC may enlist as an E-2.  Future Soldiers who qualified for an advanced promotion prior to 1 April 2013 are grandfathered and will ship with the rank attained in accordance with Army Regulation 601-210 prior to the implementation of the changes addressed in this message.  This applies to Future Soldiers who have enlisted in the Future Soldier Training Program prior to 1 April 2013 and are completing JROTC; and Future Soldiers who have completed Future Soldier Training Program and USAREC Form 1137 with an Army Physical Fitness Test (The USAREC Form 1137 must have a signature date of 31 March 2013).  No exceptions to policy are authorized to ship with the USAREC Form 1137 signed after 31 March 2013 for advanced grade.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the DEP on 6 March 2013.  At the time, he had completed 2 or more years of JROTC.  The governing regulation in effect at the time, dated 8 February 2011, stated in paragraph 2-18, an applicant who has completed 2 or more years of JROTC may enlist at any time at the pay grade of PFC/E-3. 
2.  The regulation was changed via Rapid Reaction Revision, dated 12 March 2013.  The change, which remains currently in effect, states in paragraph 2-18, an applicant who has completed 2 or more years of JROTC may enlist at any time at pay the grade PV2/E-2.

3.  The USAREC Message, issued on 30 May 3012, implemented changes to enlistment grade.  But the message changed the guidance effective 1 April 2013. This explains why the applicant was grandfathered and authorized to ship in the rank/grade of PFC/E-3 as shown on his USAREC Form 1137.  

4.  It appears an error was committed in the processing of the applicant's enlistment.  This error was caused by the changes to the regulation and he should not be penalized for that.  Therefore, notwithstanding the negative advisory opinion provided by HRC, the applicant is entitled to correction of his records to show he enlisted in the RA on 12 August 2013 in the rank/grade of PFC/E-3 with entitlement to back pay and allowances. 

BOARD VOTE:

__X______  __X______  __X___  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 that all portions of his 12 August 2013 enlistment contract (DD Form 4/1, DD Form 1966 series, and any other portion as appropriate) to show he enlisted in the rank/grade of PFC/E-3 with entitlement to back pay and allowances.



      _______ _   X_______   ___
               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)                                         AR20140016648





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ABCMR Record of Proceedings (cont)                                         AR20140016648



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