Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003091252C070212
Original file (2003091252C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        

                  BOARD DATE: 21 October 2003
                  DOCKET NUMBER: AR2003091252

         I certify that hereinafter is recorded the record of consideration 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
Mr. William D. Powers Member
Mr. Frank C. Jones Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, that all his active duty time be reflected on his separation document (DD Form 214) as one continuous block.

APPLICANT STATES: In effect, that he was commissioned out of the Howard University Reserve Officer Training Corps (ROTC) in December 1980 and he entered active duty on 23 January 1981. He claims that he was not credited with the three weeks of service he completed while attending the airborne school prior to being commissioned. In support of his application, he provides a copy of his DD Form 214, an airborne course diploma, and his commissioning document.

EVIDENCE OF RECORD: The applicant's military records show:

On 23 December 1980, the applicant was commissioned a second lieutenant Reserve commissioned officer of the Army. On 23 January 1981, he entered active duty in that status. He served on active duty until being honorably separated and transferred to the United States Army Reserve (USAR)
Control Group on 5 December 1982.

The DD Form 214 issued to the applicant on the date of his separation confirms that he completed a total of for 1 year, 10 months, and 13 days of active military service and 1 month and 1 day of prior inactive service.

In support of his application, the applicant provides a memorandum from a training technician from the Directorate of Training, Fort Benning, Georgia. This document indicates that the applicant completed the basic airborne course, class 28-77, which was conducted from 17 May through 3 June 1977. He also provides a copy of his airborne course diploma that also shows that he completed this course.

The Department of Defense Financial Management Regulation (DODFMR) prescribes the policy for military pay and allowances. Chapter 1 contains the policy for granting creditable service. Paragraph 010101 provides guidance on service that is not creditable. It states, in pertinent part, that for commissioned officers, any period of service performed after 12 October 1964 and prior to
1 August 1979 in the ROTC, even if the officer held concurrent Reserve status is not creditable service.


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 contention that his service at the basic airborne course in the summer of 1977, while a member of the ROTC, should be added to his separation document as creditable service is noted. However, while he has presented evidence confirming he completed the airborne course in June 1977, it does not provide a sufficient evidentiary basis to support granting the requested relief.

2. By law and regulation, for commissioned officers, service performed after
12 October 1964 and prior to 1 August 1979, while in the ROTC, is not creditable service. As a result, there is no basis for adding the 1977 service performed by the applicant while he was in the ROTC to his DD Form 214.

3. 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.

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

MM__ __FCJ__ __WDP __ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003091252
SUFFIX
RECON
DATE BOARDED 2003/10/DD
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1982/12/05
DISCHARGE AUTHORITY AR 635-100 C3
DISCHARGE REASON Promotion Nonselection
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 303 129.0100
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003085964C070212

    Original file (2003085964C070212.rtf) Auto-classification: Approved

    The applicant states that in the early years of the SMP, the DA Form 4824-R was not required to be forwarded to the member's Military Personnel Records Jacket. Therefore, it appears the applicant meets the eligibility requirements to have her membership time in the SMP from 3 January 1980 through 29 July 1981 credited towards her PEBD. That all of the Department of the Army records related to this case be corrected by showing that the DA Form 4824-R prepared for the applicant on 4 January...

  • ARMY | BCMR | CY2002 | 2002079162C070215

    Original file (2002079162C070215.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show that he earned retirement points for the period 11 September 1980 through 12 May 1982, and that he earned 21 inactive drill points for the period 13 May 1986 through 12 May 1987. If the participants are not commissioned, the points credit is retained toward entitlement to subsequent enlisted benefits and Reserve retirement. Although an SMP contract is not available, the evidence provided shows that the applicant was performing...

  • ARMY | BCMR | CY2005 | 20050002468C070206

    Original file (20050002468C070206.doc) Auto-classification: Denied

    He was not authorized retirement points or service for this period of time because this time was not creditable. However, if the service was not commissioned or the officer withdraws from the program, the ROTC time was creditable for points and service. Army Regulation 140-185 provides the policy for training and retirement point credits for members of the USAR.

  • ARMY | BCMR | CY2009 | 20090013642

    Original file (20090013642.txt) Auto-classification: Approved

    The applicant requests that he be granted service credit for his participation in the Simultaneous Membership Program (SMP) and that his pay entry basic date (PEBD) be adjusted accordingly. The applicant's NGB Form 22 confirms he was discharged from the PAARNG on 27 December 1987 and was credited with 1 year, 3 months, and 26 days of service in the SMP. The DODFMR, volume 7A, subparagraph 010101.B, states that for most members who enter and serve on active duty without a break in service,...

  • ARMY | BCMR | CY2006 | 20060007505

    Original file (20060007505.txt) Auto-classification: Approved

    Therefore, he requests that his records be corrected to show his service in the SMP while serving in the United States Army Reserve Officer Training Corps (ROTC) and the United States Army National Guard. Evidence of record shows that the applicant enlisted in the USAR on 3 September 1980 but was not assigned as an ROTC cadet in MOS 09R20 until 1 December 1980. There is no evidence that the applicant performed any active duty service during the time he was granted SMP credit.

  • ARMY | BCMR | CY2002 | 2002082409C070215

    Original file (2002082409C070215.rtf) Auto-classification: Denied

    The date of award of this MOS is not of record.] A “Officer’s Commission” Certificate which states “…. Other than questionable documents submitted by the applicant, there is no documentation that the applicant was ever commissioned or served as a commissioned officer in either the Regular Army, the Reserve, or the National Guard.

  • ARMY | BCMR | CY2003 | 2003088774C070403

    Original file (2003088774C070403.rtf) Auto-classification: Approved

    The applicant provides three Leave and Earnings Statements (LESs); Orders 4-1 dated 13 May 1983; an email from Mr. Ron G___; appointment orders dated 14 May 1983; his oath of office dated 14 May 1983; his enlistment agreement dated 1 September 1977; his Army Senior Reserve Officers' Training Corps (ROTC) contract dated 1 September 1977; and a DA Form 1506 dated 28 February 2003. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to...

  • ARMY | BCMR | CY2006 | 20060009853

    Original file (20060009853.txt) Auto-classification: Denied

    The applicant's military service records contain a copy of a DD Form 214, with an effective date of 25 May 1985, that shows she was honorably REFRAD after completing 3 years of total active service. In support of her application, the applicant provides a DA Form 873 that shows, in pertinent part, she was granted a Secret security clearance on 23 May 1979; a DA Form 134 that shows she successfully completed 4 years of instruction in the Senior ROTC on 15 May 1981; 2 pages of a DA Form 2-1...

  • ARMY | BCMR | CY2014 | 20140002476

    Original file (20140002476.txt) Auto-classification: Denied

    The applicant requests, in effect, that her service as a Reserve Officers' Training Corps (ROTC) cadet be credited for retirement pay purposes. She respectfully requests this information be favorably considered even after the extended length of time and her service record (DD Form 214) be corrected to accurately reflect her Reserve service from 7 September 1976 through 22 December 1978. DOD Financial Management Regulations show the above time is not creditable service; therefore, she is...

  • ARMY | BCMR | CY2001 | 2001054500C070420

    Original file (2001054500C070420.rtf) Auto-classification: Approved

    He participated in the SMP as member of the Louisiana State University ROTC and the ARNG from 24 August 1978 until his commissioning on 30 May 1980. Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of the law to provide service credit to officers commissioned from the ROTC Advanced Course program who also participated in the SMP, retroactive to 1 August 1979 when the SMP began. BOARD VOTE : _jh__ _tfb_ jtm__ GRANT AS STATED IN RECOMMENDATION