RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 November 2005
DOCKET NUMBER: AR20050002099
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. Thomas D. Howard Jr. | |Chairperson |
| |Mr. John Infante | |Member |
| |Ms. Carmen Duncan | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show that he
served 20 years of active service.
2. The applicant states that it was not his choice to retire. He was
separated involuntarily during a reduction in force (RIF). However, he
established military status when he contracted for the senior Reserve
Officers Training Corps (ROTC) on 25 August 1975, and he wasn’t released
from active duty until 30 June 1996.
3. The applicant adds that since he is currently receiving Army retired
pay, Concurrent Retirement and Disability Payment (CRDP) and Department of
Veterans Affairs (VA) disability pension, he does not understand why he
does not qualify for Combat Related Special Compensation (CRSC).
3. The applicant provides the letter from the US Army Physical Disability
Agency (USAPDA) CRSC Branch which informs him that he is not eligible for
CRSC because he does not have 20 years of active service; a document
showing that he is receiving military retired pay; two documents showing
that he is receiving VA disability; a document showing that he is receiving
CRDP; and separation documents.
CONSIDERATION OF EVIDENCE:
1. The applicant, serving as a Regular Army infantry major, was released
from active duty on 30 June 1996 and transferred to the US Army Reserve
Control Group (Retired) the following day.
2. The Department of Defense Pay Manual (DODPM), paragraph 10103.f, states
that for commissioned officers, any period of ROTC service after 13 October
1964 is not creditable, notwithstanding that they held concurrent Reserve
status.
3. An eligible retiree for purposes of CRSC as defined under Title 10,
United States Code, Section 1413a, is an eligible combat-related disabled
uniformed services retiree who is entitled to retired pay. The retiree
must have a combat-related disability and have completed at least 20 years
of service in the uniformed services that are creditable for purposes of
computing the amount of retired pay to which the member is entitled.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not submitted any evidence or argument which would
show that his selection for separation under the RIF was in error or
unjust.
2. The applicant does not contend that he has any additional active duty
service which wasn’t included in his retired pay computations.
3. Time spent in the ROTC is not creditable in accordance with the DODPM.
4. As such, there is no basis for changing the applicant’s records to show
that he completed 20 years of active service.
5. Since the applicant has less than 20 years of active service, he is not
entitled to CRSC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___ji____ ____tdh__ ____cd__ 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.
_____Thomas D. Howard Jr._____
CHAIRPERSON
INDEX
|CASE ID |AR20050002099 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051103 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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