RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070007917 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. John Infante

Chairperson

Mr. Eric N. Anderson

Member

Mr. David K. Haasenritter

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 correction to Item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that his Reserve obligation termination date is incorrect.  His eight-year contract obligation began when he signed his enlistment contract on 25 August 1998.  As a result, his Reserve obligation termination date should be 24 August 2006.

3.  The applicant provides a copy of a DD Form 4/1 and 4/2 (Enlistment/Reenlistment Document-Armed Forces of the United States) and a printout from U.S. Army Human Resources Command (USAHRC) Individual Warrior Virtual Screening Portal.

CONSIDERATION OF EVIDENCE:

1.  On 25 August 1998, the applicant entered into an Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract (DA Form 597-3).  He enlisted in the United States Army Reserve (USAR) as a cadet in order to become a member of the ROTC program at the West Virginia University, West Virginia.  He agreed to remain enrolled in and successfully complete the ROTC program, including ROTC Advanced Camp and all training as prescribed by the Secretary of the Army.

2.  The applicant's DA Form 597-3 shows that the contract includes an eight-year military service obligation upon appointment as an officer, and the enlistment contract constitutes the required ROTC program agreements.  The contract further shows that the applicant agreed to serve on active duty as a commissioned officer in the U.S. Army as prescribed by relevant Army regulations based on the needs of the Army, followed by service in the Reserve Components until the remainder on his eight-year contractual military service obligation has been served.

3.  On 13 May 2001, the applicant completed his ROTC program and was discharged from his enlisted status to accept an appointment as a Reserve Component Officer of the Army in the rank of second lieutenant.  The applicant accepted the appointment and, upon acceptance, he was ordered to active duty for 4 years.

4.  His military service records show that he entered active duty on 1 June 2001. He completed the necessary training and was awarded the Primary Specialty 21A (Engineer General).  During his active duty service he achieved the rank of captain on 1 November 2004.  He was honorably released from active duty and transferred the USAR Control Group (Reinforcement), St. Louis, Missouri on  
31 May 2005 after serving 4 years of active federal service. 

5.  Item 6 of the applicant's DD Form 214 shows the entry 2009 06 01.

6.  In the processing of this case, an advisory opinion was obtained from Headquarters Department of the Army, Deputy Chief of Staff, G-1, dated  
25 October 2007.  It states, in effect, that the applicant's active duty military service obligation began when he graduated from the ROTC program and was commissioned as a Reserve Component officer.  It further states that since the applicant was commissioned in 2001, he would have incurred an eight-year military service obligation from that date; therefore, his military service obligation would end in 2009.

7.  The applicant was provided a copy of the advisory opinion for information and possible rebuttal.  On 10 December 2007, the applicant responded to the advisory opinion.  He stated that typically the eight-year mandatory service obligation begins upon receipt of commission.  However, that was not the case for his mandatory service obligation.  His mandatory service obligation started on 25 August 1998 when he signed his DD Form 4/1 and 4/2 and was sworn into the USAR.  His DD Form 4/1 states that his eight-year mandatory service obligation began at the rank of cadet and not at the time of commissioning.

8.  He further stated that on 13 May 2001, he was transferred to active duty status when he received his commission.  He completed 4 years of the Active duty requirement and was discharged from active duty on 31 May 2005.  He remained in the Inactive Ready Reserve until 24 August 2006.  His records at USAHRC reflect that his eight-year mandatory service obligation was completed on 24 August 2006.  The USAHRC had contacted him to attend an annual "IRR" muster but he informed them that his mandatory service obligation was complete. He was later informed that his record was complete and he would not be contacted in the future.  He states that his mandatory service obligation ended on 24 August 2005 and not 1 June 2009 as recorded on his DD Form 214.

9.  The print out from USAHRC's Individual Warrior Virtual Screening Portal shows the entry "Exp. Contract Oblig. Date: 2006/08/24."

10.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army's Senior Reserve Officers' Training Corps ROTC Program.  It states, in pertinent part, that enlistment in the USAR with assignment to USAR Control Group ROTC is a requirement for enrollment in the advanced course or in the scholarship program.  Such enlistment will be made in the grade of cadet.  Cadets will retain this grade as an enlisted grade in the USAR (separate from any grade held in the corps of cadets at the school) regardless of any prior military service performed or grade advancement policies applicable to enlisted status.  This assignment is for control purposes only and entitlements for Reserve forces do not apply.  A DA Form 597-3 must be completed by the ROTC scholarship recipient.  A DD Form 4-series is a prerequisite to enrollment in the advance course or scholarship program.

11.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), table 2-1, states, in pertinent part, that officers appointed from the ROTC who received ROTC scholarship incur a total obligation of 8 years from the date of appointment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Reserve obligation termination date is incorrect and that it should be 24 August 2006 not 1 June 2009.

2.  The evidence shows that the applicant entered into an ROTC Scholarship Cadet Contract and enlisted in the USAR as a cadet in order to become a member of the ROTC program at the West Virginia University, West Virginia.  The contract includes an eight-year military service obligation upon appointment as an officer, and the enlistment contract constitutes the required ROTC program agreements upon completion of his ROTC program.

3.  He accepted appointment as a Reserve Component Officer of the Army in the rank of second lieutenant on 13 May 2001 and was ordered to Active Duty for  
4 years.  He entered active duty on 1 June 2001.  Therefore, he incurred an eight-year military service obligation starting on 1 June 2001 and ending on  
1 June 2009.

4.  When the applicant signed his enlistment contract in the USAR with assignment to USAR Control Group ROTC as a cadet on 25 August 1998, it was a prerequisite to enroll in the scholarship program.  Therefore, he is not entitled to correction in Item 6 of his DD Form 214.

5.  The print out from the USAHRC Individual Warrior Virtual Screening Portal contains an administrative error.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JI        _  __ENA__  __DKH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




____John Infante    _____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080131
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.