| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Frank C. Jones | Member |
APPLICANT REQUESTS: In effect, that his service in the Reserve Officers' Training Corps (ROTC) from June 1975 to December 1977 and in the Merchant Marine from December 1978 to September 1979 be added to his NGB Form 22 (Report of Separation and Record of Service).
APPLICANT STATES: In effect, that he is not being credited with all the time he served. As supporting evidence, he provides a one-page document from Balboa High School explaining its credit system; an undated letter from the Department of Defense Education Activity Records Center, Fort Benning, GA certifying the applicant graduated from Paraiso Junior-Senior High School on 15 December 1977; and an undated letter from the Panama Canal Commission certifying the applicant was a laborer with the Panama Canal Company, an agency of the U. S. Government in the Republic of Panama, from 18 December 1978 to 24 February 1979 and from 10 May 1979 to 29 September 1979.
EVIDENCE OF RECORD: The applicant's military records show:
He initially served in the Army National Guard (ARNG) from 21 June 1984 through 5 March 1985 when he was discharged for an unknown reason. His NGB Form 22 for this period of service shows he completed 8 months and 15 days of net service this period. It does not indicate he had prior service.
The applicant reenlisted in the ARNG on 27 June 1985. He was separated from the ARNG on 27 June 1988 and was transferred to the U. S. Army Control Group (Reinforcement). His NGB Form 22 for this period of service shows he completed 3 years of net service this period and had 8 months and 15 days of prior Reserve component service for a total of 3 years, 8 months, and 15 days of service for pay.
Department of Defense Financial Management Regulation, Volume 7B, states that service as a member of ROTC is creditable service for pay provided the member has concurrent Reserve status for duty performed on or after 1 August 1979.
In the processing of this case, an advisory opinion was obtained from the U. S. Army Reserve Personnel Command, Personnel Actions and Services Directorate. That office stated that Army Transport Service is creditable to Merchant Seamen and/or civilian sailors who served on an ocean-going ship during the period 7 September 1941 through 31 December 1946.
A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He did not respond within the given time frame.
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. 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.
2. The evidence provided by the applicant shows he graduated from high school in December 1977. It appears he participated in ROTC while in high school and not as an ROTC cadet with concurrent Reserve status on or after 1 August 1979. Therefore, his participation in ROTC is not creditable service for pay and would not have been entered on his NGB Form 22.
3. The evidence provided by the applicant shows he worked as a laborer with the Panama Canal Company from December 1978 to February 1979 and from May to September 1979. Army Transport Service is creditable to Merchant Seamen and/or civilian sailors who served on an ocean-going ship during the period 7 September 1941 through 31 December 1946. Therefore, his work with the Panama Canal Company in 1978 and 1978 is not creditable service for pay and would not have been entered on his NGB Form 22.
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
__lls___ __le____ _fcj ____ DENY APPLICATION
| CASE ID | AR2002077962 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030529 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 135.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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