| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: That his 1982 discharge be revoked, that he be given credit for active service since 1982 and that he be placed on the Retired List in the pay grade of E-8 at the time he would have completed 20 years of active Federal service.
APPLICANT STATES: In effect, that he was an active duty staff sergeant (SSG) who was honorably discharged on 31 August 1982 for the purpose of accepting a 3-year Reserve Officer Training Program (ROTC) Scholarship that was granted by the Army. He goes on to state that he was subsequently unjustly dismissed from the program and this action has virtually destroyed his life and haunted him all of these years. He continues by stating that he was a career soldier who would have become eligible for retirement on 2 December 1996, had he not accepted the scholarship.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 3 December 1976, successfully completed his training and was promoted to the pay grade of E-6 on 1 April 1982. He reenlisted and remained on active duty until he was honorably discharged on 31 August 1982 for the purpose of enrollment in a 3-year ROTC Scholarship Program.
The applicant enrolled in the ROTC Program at the University of San Francisco and remained in the Program until he was subsequently disenrolled/dismissed from the ROTC Program for failure to complete the requirements of the program and his contract.
The applicant applied to this Board in 1993 requesting that his records be corrected to reflect a complete discharge from the Army and separation from the ROTC Program based on the convenience of the Secretary of the Army. The facts and circumstances of this case are delineated in this Board’s Memorandum of Consideration dated 21 September 1994 (AC94-05074).
Information contained in the available records indicate that the applicant was discharged from the United States Army Reserve (USAR) in 1995.
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. The applicant’s discharge was accomplished in accordance with the applicable regulations with no indication of any of the applicant’s rights.
2. Additionally, the discharge was based on a voluntary request on the part of the applicant for the purpose of accepting a ROTC Scholarship. While the applicant failed to complete the conditions of his contract and was subsequently dismissed from the program in accordance with the applicable laws and regulations in effect at the time, the Board finds no basis to grant him service credit or promotions for time he did not serve.
3. The applicant’s contentions have been noted by the Board and appear to be without merit. He has not submitted any evidence to show that he was either improperly discharged for the purpose of accepting the ROTC scholarship or that he was improperly dismissed from the ROTC Program.
4. 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.
5. 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
___mm__ ___ls ___ __jm____ DENY APPLICATION
| CASE ID | AR2001056207 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/09/06 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1982/08/31 |
| DISCHARGE AUTHORITY | AR635-200/PARA 5-4A |
| DISCHARGE REASON | A07.00/ROTC SCHOLARSHIP |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 469 | 144.0700/A07.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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