Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060005987C070205
Original file (20060005987C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 January 2007
      DOCKET NUMBER:  AR20060005987


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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 DD Form 214, Certificate of Release or
Discharge From Active Duty, be corrected to include his current enlisted,
active and inactive service.

2.  The applicant states, in effect, that his new DA Form 1506 (Statement
of Service – for Computation of Length of Service for Pay Purposes),
prepared on 31 March 2006, more accurately reflects his total military
service.

3.  The applicant provides his DD Form 214 for the period ending 5 August
1996, a retirement point summary, and his Reserve Officer Training Corps
(ROTC) contract.  The DA Form 1506 referenced by the applicant was not
received by the Board’s staff.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ROTC as a Cadet on 17 September 1992.

2.  On 9 May 1996, the applicant was commissioned as a second lieutenant,
Regular Army and entered on active duty.  On 5 August 1996, the applicant
was honorably released from active duty and transferred to the USAR Control
Group (Reinforcement).  The DD Form 214 he was issued shows that he served
2 months and 27 days of active duty and had no prior active or inactive
service.

3.  The applicant attended Medical School under the Health Professions
Scholarship Program (HPSP) from 6 August 1996 to 20 May 2000.

4.  On 30 September 2005, the applicant entered active duty to fulfill an 8-
year active duty service obligation.

5.  The retirement point summary provided by the applicant reflects no duty
performance from 6 August 1996 to 8 May 2005.

6.  In the processing of this case an advisory opinion was obtained from
the Human Resources Command (HRC), Alexandria.  The HRC stated that it is
obvious that any additional service that the applicant is entitled to
occurred after 5 August 1996, the date of his DD Form 214.  As such, it is
not necessary to correct his DD Form 214.  The applicant was provided a
copy of this advisory opinion and was given the opportunity to respond.
The applicant did not respond.


7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The only service performed by the applicant prior to his entry on
active duty on 9 May 1996 was in conjunction with his ROTC.  In accordance
with the DODPM, that service is not creditable.

2.  A DD Form 214 reflects the service and accomplishments of a Soldier
being separated.  The form cannot reflect service and accomplishments which
occurred after the DD Form 214 is issued.

3.  As such, there is no evidence or indication that an error was made in
the preparation of the applicant’s DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___klw___  ___lwr__  ___eif____  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.





                                  _________Kenneth L. Wright_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005987                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|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.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | DRB | CY2005 | 20050016628

    Original file (20050016628.doc) Auto-classification: Approved

    By regulation, the computation of the basic pay date starts on the date of the most recent entry on duty without a break in service; and USAR ROTC service in the SMP is creditable service as of 1 August 1979. Further, he should be credited with all active and inactive service he completed in the USAR between 22 January 1996 and 29 April 2004, to include the time he was in the SMP. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2003 | 03091704C070212

    Original file (03091704C070212.rtf) Auto-classification: Approved

    He was discharged on 29 August 1991. Officers on active duty should submit a copy of the SMP contract, commissioning orders, Statement of Service for Computation of Length of Service for Pay Purposes (DA Form 1506) or DD Form 214, to their respective Personnel Officer. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.

  • ARMY | BCMR | CY2004 | 20040010543C070208

    Original file (20040010543C070208.doc) Auto-classification: Approved

    Headquarters, U.S. Army Armor Center and Fort Knox Orders 241-0155 dated 28 August 2000 amended the applicant's date initially entered military service to 17 November 1976. When the applicant's retirement orders were amended to change his date initially entered military service, they should also have been amended to show his correct years of total creditable service as 23 years, 5 months and 9 days. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2005 | 20050002766C070206

    Original file (20050002766C070206.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in the Reserve Officers Training Corps (ROTC)/Simultaneous Membership Program (SMP) from 31 January 1992 to 18 December 1993. Item 18 (Remarks) of the applicant’s DD Form 214 does not show his service as a SMP cadet. According to applicable regulation, the applicant is credited with service in the ROTC/SMP; however, no increase in pay, retired or retainer pay...

  • ARMY | BCMR | CY2001 | 2001060226C070421

    Original file (2001060226C070421.rtf) Auto-classification: Approved

    In an earlier advisory it was noted that the applicant’s records did not contain a DA Form 4824-R (SMP Contract) or orders that discharged him from ROTC to enroll in the SMP. It was determined that the applicant’s PEBD and Basic Active Service Date is 9 May 1986 and that his DIEMS date is 3 July 1984. 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...

  • 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 | CY2005 | 20050002099C070206

    Original file (20050002099C070206.doc) Auto-classification: Denied

    Carmen Duncan | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected to show that he served 20 years of active service. 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.

  • ARMY | BCMR | CY2012 | 20120002268

    Original file (20120002268.txt) Auto-classification: Approved

    However, on 18 February 2011, HRC amended his retirement orders to show he completed 24 years, 10 months, and 13 days of AFS. In the processing of this case a staff advisory opinion was obtained from HRC which indicates a determination needs to be made regarding the applicant's creditable service given the unusual circumstances of his case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his retirement...

  • ARMY | BCMR | CY2010 | 20100013229

    Original file (20100013229.txt) Auto-classification: Approved

    The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 30 November 1984 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 September 1985 * Joint Uniform Military Pay System – Army Leave and Earnings Statements (LES's) for the months of July 1985 through June 1987 * Orders 14-5, U.S. Army Third Reserve Officers' Training Corps (ROTC) Region, Senior Program, dated 19 May 1987 * Orders 93-6,...

  • ARMY | BCMR | CY2011 | AR20080015482

    Original file (AR20080015482.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show the minimum points necessary for a qualifying retirement year for each of the three years he served as a reservist in the Reserve Officers’ Training Corps (ROTC). This document, in pertinent part, shows beginning on 1 October 1991 through the retirement year ending (RYE) date of 13 May 1993, the applicant was a member of the ROTC and did not earn any creditable retirement points. The applicant’s military personnel records...