RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070012856 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Gant

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 of Item 12e (Total Prior Inactive Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 1989, to show "02 08 20" instead of "01 08 20."

2.  The applicant states that when he retired in 1989, he detected an error in Item 12a (Date Entered Active Duty This Period).  This error was corrected by issuing him a DD Form 215 (Correction to the DD Form 214) on 18 April 1990.  However, the error in Item 12e was neither detected nor corrected. 

3.  The applicant provides the following documentary evidence in support of his application: 

	a.  Self-authored letter, dated 4 September 2007;

	b.  DD Form 214, dated 31 July 1989;

	c.  DD Form 215, dated 18 April 1990;

	d.  XXC-FH Form 53 (Agreement Form), dated 7 February 1963;

	e.  DD Form 44 (Record of Military Status of Registrant), dated 11 February 1963; and

	f.  Headquarters, XX United States Army Corps, Letter Order 11-0286, dated 30 November 1965, subject: Discharge [from the U.S. Army Reserve (USAR)].
	
CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant was an Aviation lieutenant colonel (LTC)/O-5 who retired on 31 July 1989 after serving 23 years, 8 months, and 3 days of active military service.

3.  The applicant's initial enlistment in the USAR is not available for review with this case; however, he signed an XXC-FH Form 53 on 7 February 1963, which was authenticated by himself and a USAR Unit Commander or Authorized Representative.  This agreement states that, in connection with his enlistment as a Reserve of the Army, he agreed to and understood that:

	a.  he incurred a military service obligation of 6 years;

	b.  he would participate with his unit in scheduled training effective immediately;

	c.  he would enter on 6 months' active duty for training within 120 days from this date; and

	d.  after completion of training, he would serve in the ready reserve for the remainder of his 6-year commitment.

4.  The applicant's DD Form 44, dated 11 February 1963, shows that he was a member of the USAR; was serving satisfactorily in a unit of the Ready Reserve; and was assigned to Company E, 2nd Battalion, 399th Regiment (BCT), Bowling Green, Kentucky.  This form further shows that the applicant enlisted in the USAR on 7 February 1963.  The form is authenticated by the Executive Officer, 2nd Battalion, 399th Regiment.

5.  On 1 February 1965, the applicant applied for appointment as a commissioned officer of the USAR.  Item 19 (Reserve or National Guard Service) of his DA Form 61 (Application for Appointment) shows he served in the USAR from 7 February 1963 to the date of the application and that the highest grade he attained was private first class (PFC)/E-3.

6.  On 15 November 1965, the applicant was appointed as a Reserve commissioned officer of the Army in the grade of 2LT/O-1.   

7.  On 30 November 1965, Headquarters, XX United States Army Corps, Fort Hayes, Ohio, published Letter Order 11-0286, directing the applicant's discharge from the USAR, effective 14 November 1965, for the purpose of accepting an appointment as a 2nd lieutenant (2LT)/O-1 in the USAR. 

8.  On 24 February 1989, the applicant submitted his request for retirement.  His DAPC-OPP-R Form 143-R (Computation of Officer's Service) shows the following entries:

	a.  Item 7 (Enlisted Service), 1 year, 8 months, and 6 days of "Inactive Service" for the period from "63 02 07" to "64 10 12;" 

	b.  Item 9 (Commissioned Service), 14 days of "Inactive Service" for the period from "65 11 15" to "65 11 28," and

	c.  Item 11 (Total Inactive Service), 1 year, 8 months, and 20 days.

9.  On 31 July 1989, the applicant retired from active duty after completing 23 years, 8 months, and 3 days of active military service.  The DD Form 214 he was issued at the time shows the following entries:

	a.  Item 12a (Date Entered Active Duty This Period), "66 11 29,"

	b.  Item 12c (Net Active service This Period), "23 08 02;" and 

	c.  Item 12e (Total Prior Inactive service), "01 08 20."

10.  On  18 April 1990, Army Reserve Personnel Command, St. Louis, Missouri, issued the applicant a DD Form 215, correcting Item 12a to show "65 11 29" instead of "66 11 29" and Item 12c to show "23 08 03" instead of "23 08 02."

11.  In a self-authored letter, dated 4 September 2007, the applicant stated that prior to his commission in 1965, he served in the USAR, as an enlisted member, from 7 February 1963 to 14 November 1965.  Upon retirement, he noticed there was 42 additional days credited to his active military service.  He calculated that those days must have been the three USAR summer camps he attended.  He also added that while in the USAR he attended the required monthly drills for 34 months except for those months where he attended the three summer camps and one Senior Reserve Officer's Training Corps (ROTC) summer camp.  Having attended drills for 30 months should increase his retirement pay by 4 months and that this oversight had cost him thousands of dollars in retirement pay.

12.  The Simultaneous Membership Program (SMP) is a volunteer officer training program that allows selected enlisted members of the Army Reserve or Army National Guard to simultaneously participate in any Army Reserve Officer's Training Corps (ROTC) program.  The intent of the SMP is to increase officer 
accessions into the Army National Guard by increasing ROTC enrollment from enlisted Army Reserve or National Guard members who are attending college.  Upon completion of Basic Training, an Army Reserve or National Guard Soldier who is an academic junior can join the Advanced ROTC Program and earn a commission as an officer in the U.S. Army upon completion of their college degree.  In addition, contracted non-scholarship cadets and Reserve Forces Duty scholarship cadets can join an Army National Guard unit and the SMP.  Cadets in the SMP Program are paid at the grade of Sergeant (E-5) for their Army National Guard training.  The SMP is only offered on campuses where an Army ROTC program exists, or to individuals who participate in an Army ROTC program at a nearby college or university. During the summer between the junior and senior academic year, SMP participants attend the ROTC Advance Camp

13.  The several military pay and personnel systems use a variety of dates to determine various entitlements.  Among them is the date that denotes how much service a member has for the purpose of determining longevity pay rates.  The Army refers to this as the pay entry basic date.  For most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service.  If, however, there is a break in service, the time between periods of service usually is not included.  Also, there are statutory periods when service in a particular component may not be counted.  Conversely, there are periods for which some members are given constructive service, even though they were not actually serving on active or inactive duty.

14.  Prior provisions of law excluded the Simultaneous Membership Program from creditable service for commissioned officers effective October 13, 1964.  However, Public Law 104-201, section 507, September 23, 1996 (reference (el)), amended these provisions to provide service credit retroactive to August 1, 1979. These amendments, as referenced in subparagraph 010101.D.10, resulted in no increase in pay, retired or retainer pay before the date of enactment, September 23, 1996.  Service in the program for enlisted members who retain that status remains creditable under all provisions

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 12e on his DD Form 214 shows an incorrect entry.

2.  Although the applicant's initial enlistment contract in the USAR is not available for review, there is clear indication that he enlisted on 7 February 1963 under the Simultaneous Membership Program.  This program allowed him to attend college while a member of the USAR and eventually facilitated his appointment as a commissioned officer in the USAR.

3.  Evidence of record shows that the applicant received inactive service credit for the period 7 February 1963 (the date he enlisted in the USAR) to 12 October 1964 (one day prior to the date the law excluded the SMP from creditable service for commissioned officers).  This period of service equates to 1 year, 8 months and 6 days.

4.  Evidence of record further shows that the applicant was discharged from the USAR on 14 November 1965 and was appointed as a commissioned officer on 15 November 1965.  However, he reported to the U.S. Army Infantry School to attend the basic officer course on 29 November 1965.  Therefore, the period from 15 November 1965 to 28 November 1965, or 14 days, is considered inactive service, for which he received credit.

5.  In view of the foregoing, it appears that Item 12e of the applicant's DD Form 214, dated 31 July 1989 reflects the correct entry of 1 month, 8 years, and 20 days of inactive service.  Therefore, he is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__klw___  __au____  __rdg___  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
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.