IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090010832 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of the effective date of his reduction from sergeant (SGT)/E-5 to private (PV2)/E-2 as a Reserve Officers' Training Corps (ROTC) cadet from 13 August 2007 to 13 December 2007.

2.  The applicant states that he was issued orders reducing him as a cadet from SGT/E-5 to PV2/E-2 effective 13 August 2007.  He adds that disenrollment proceedings from ROTC began on 13 August 2007 and that he was subsequently placed on an administrative leave of absence.  However, until the disenrollment was approved or denied by the appropriate authority, he retained his rank as shown on his disenrollment memorandum and performed platoon leader duties in his Army National Guard (ARNG) unit and earned all the monies in good faith.  He also adds that he was informed of the disenrollment decision on 15 December 2007 and was unaware that the effective date of his reduction had been backdated to 13 August 2007.  He adds that as a result of this administrative oversight, he now owes a debt and was contacted by a collection agency working for the Defense Finance and Accounting Service in January 2009 regarding this debt.  He concludes that the difference in pay ($1,100.00 plus interest) is currently being garnished from his wages.

3.  The applicant provides a copy of Orders 347-001, Headquarters, 2nd Battalion, 112th Infantry, Pennsylvania ARNG, dated 13 December 2007; a copy of a memorandum, U.S. Army ROTC Battalion, Pennsylvania State University, dated 13 August 2007, subject:  Disenrollment of Scholarship/Non-scholarship Cadet from ROTC; and a copy of a memorandum, U.S. Army ROTC Battalion, Pennsylvania State University, dated 13 August 2007, subject:  Leave of Absence Pending Disenrollment, in support of his request.
 
CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the Pennsylvania ARNG, the applicant's records show he enlisted in the ROTC program on 17 February 2004 as a PV2/E-2.  He executed a DA Form 597 (Army ROTC Non-Scholarship Cadet Contract) and indicated that he understood and agreed that if he was disenrolled from the ROTC program for breach of contractual terms or any other disenrollment criteria established now or in the future by Army regulations, including but not limited to Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training), he would be subject to the terms of the agreement.

2.  In connection with this enlistment, the applicant also executed an addendum to his ROTC enlistment contract to amend his original enlistment and agreed to enlist under the Simultaneous Membership Program (SMP).  The SMP is a program that enables ROTC cadets to participate in ARNG and U.S. Army Reserve unit paid drills while enrolled in the ROTC Advanced Course.  He was assigned on 25 July 2006 to Company C, 2nd Battalion, 112th Infantry, Bellefonte, PA.

3.  On 13 August 2007, the Commander, U.S. Army ROTC Battalion, Pennsylvania State University, notified the applicant by memorandum that he was initiating disenrollment from ROTC action against him under the provisions of paragraph 3-43a of Army Regulation 145-1 by reason of misconduct.  Specifically, the commander cited the applicant's civilian charges of driving under the influence of alcohol (DUI) on two separate occasions in less than 1 month.  He further notified the applicant that he would retain the status of cadet until disenrollment and discharge action was complete, and as such may not enlist in any other military service or component.

4.  On 13 August 2007, by memorandum, the Commander, U.S. Army ROTC Battalion, also notified the applicant that he was placed on an administrative leave of absence from the ROTC program pending administrative action (disenrollment) in accordance with paragraph 3-43a(8) of Army Regulation 145-1. 
This leave of absence was effective 15 August 2007 and remained in effect until on or about 19 December 2007.  The applicant was no longer required to participate in ROTC activities, but could remain enrolled for academic credit only.

5.  On 13 December 2007, Headquarters, 2nd Battalion, 112th Infantry, Bellefonte, PA, published Orders 347-001 directing the applicant's reduction from cadet/E-5 to PV2/E-2 effective 13 August 2007 in accordance with chapter 10 of Army Regulation 600-8-19 (Enlisted Promotions and Reductions).

6.  On 20 December 2007, by memorandum addressed to the applicant's commander, the Plans/Actions Branch Chief, Adjutant General's Office, Pennsylvania ARNG, stated that discharge action had been initiated against the applicant for a defective enlistment agreement and that subsequent to his enrollment in the SMP, the applicant was disenrolled from the program on 13 August 2007.

7.  On 11 January 2008, the Department of Military and Veterans Affairs, Pennsylvania ARNG, published Orders 011-1072 directing the applicant's discharge from the ARNG effective 11 January 2008 in the rank/grade of 
PV2/E-2 with an uncharacterized character of service.

8.  Army Regulation 145-1 implements ROTC policies.  Paragraph 3-43a states that a non-scholarship cadet may be disenrolled by the Professor of Military Science.  A scholarship cadet may be disenrolled only by the Commanding General, U.S. Army ROTC Cadet Command.  Disenrollment authority does not include the discharge authority for SMP participants.  Non-scholarship and scholarship cadets will be disenrolled for misconduct (including but not limited to misrepresentation, drug abuse, alcohol abuse, criminal conduct, and moral or professional dereliction) demonstrated by disorderly or disrespectful conduct in the ROTC classroom or during training, or other misconduct that substantially interferes with the ROTC mission, including participation in unlawful demonstrations against the ROTC, illegal interference with rights of other ROTC students, or similar acts.

9.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides for the personnel management of ARNG officers.  Chapter 13 covers the SMP and states, in pertinent part, that the SMP is a dual-status program that requires Reserve Component enlisted status and ROTC participation.  Army ROTC cadets are required to serve as SMP cadets when participating as non-scholarship ARNG member/U.S. Army Reserve Senior ROTC cadets.  Enlisted personnel who take part in the SMP and who are enrolled in the ROTC advanced course serve and are paid in pay grade E-5 or a higher enlisted grade held, are coded as holding military occupational specialty 09R, and are trained as officers train.  In the absence of training, they are used in an appropriate supervisory capacity as determined by the commander of the unit to which assigned or attached.  They are also subject to the same standards for satisfactory performance applicable to other personnel assigned to the unit.

10.  An ARNG enlisted member who wishes to participate as an SMP non-scholarship cadet agrees that his or her advancement to pay grade E-5, when awarded as a result of becoming an SMP member, is effective as long as he or she continues to be an SMP participant.  Should a cadet cease to be an SMP participant or be disenrolled for any reason from the ROTC Advanced Course, the cadet would revert back to the grade held immediately prior to advancement to pay grade E-5 as an SMP participant unless the provisions of Army Regulation 145-1 dictate a higher grade.

11.  Paragraph 13-19 of National Guard Regulation 600-100 provides for processing officer trainees who are disenrolled from or fail to complete Senior ROTC, fail to accept a commission, or fail to be tendered a commission.  It states that officer trainees dropped from the SMP would be retained in the ARNG, if otherwise qualified, until completion of their statutory or contractual obligation.  A Soldier who is retained in the ARNG must complete required training, if not previously completed, within 90 days of disenrollment from ROTC, when discontinuing his or her higher education.  The unit commander completes the notice of removal from the SMP and the Soldier's grade is adjusted to the grade attained prior to becoming an officer trainee.

12.  Army Regulation 600-8-19 provides for the promotion and reduction of enlisted personnel.  Chapter 10 states, in pertinent part, that a reduction for failure to complete training is effective on the date the Soldier is officially informed of the failure in writing.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant enlisted under the SMP.  He agreed that his cadet/E-5 grade was effective as long as he continued to be an SMP participant.  The evidence of record also shows that the applicant failed to satisfy the contractual requirements of this program due to misconduct (two instances of DUI).  He was found in breach of his ROTC contract and was accordingly notified of his disenrollment from the program.

2.  Once the applicant was disenrolled and ceased to be an SMP participant for misconduct, he reverted back to the grade he held immediately prior to advancement to pay grade E-5 as an SMP participant.  As required by applicable regulation, the effective date of rank is the date the applicant was notified of his disenrollment from the SMP, which was 13 August 2007.  There is neither an error nor an injustice.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X__  ____X___  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.



      ____________X_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090010832



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ABCMR Record of Proceedings (cont)                                         AR20090010832



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