IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110012504
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in the Reserve Officer Training Corps (ROTC) from 3 January 1972 to 4 June 1974.
2. The applicant states:
a. He was awarded an Army ROTC Scholarship to attend training at Florida Agricultural and Mechanical (A & M) University which required him to take an oath of enlistment as an obligatory measure to completing the training program.
b. His failure to complete the required training program would have resulted in his reassignment elsewhere in the rank of private (PVT/E-1).
c. Adding his ROTC service to his DD Form 214 would not cost the military nor entitle him to any additional military benefits.
d. He would incur and bear all cost associated with purchasing his years of military service from the Florida Retirement System.
3. The applicant provides copies of his:
* DD Form 214
* DD Form 4 (Enlistment Contract-Armed Forces of the United States)
* ROTC Distinguished Military Graduate Certificate
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record shows he enlisted in the USAR for 6 years. He entered the USAR Control Group as a cadet in order to become a member of the ROTC program at Florida A & M University, Tallahassee, Florida, on 3 January 1972.
3. On 2 June 1974, the ROTC issued the applicant a certificate showing he was awarded the title of "Distinguished Military Graduate."
4. On 4 June 1974, he was appointed a Reserve commissioned officer in the rank of second lieutenant in the Signal Corps.
5. On 30 May 1975, he was ordered to active duty as a member of the USAR and continued to serve until he was honorably discharged on 1 July 1983. His DD Form 214 includes the following entries under item 12 (Record of Service):
* Item 12c (Net Service this Period) - "08 01 01"
* Item 12e (Total Prior Inactive Service) - "00 11 00"
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his service in the ROTC should be added to his DD Form 214.
2. The evidence of record accurately documents the applicant's 11 months and 27 days inactive service completed from 4 June 1974 to 29 May 1975 and his 8 years, 1 month, and 1 day service performed from 30 May 1975 to 1 July 1983, as shown in items 12e and 12c of his DD Form 214, respectively. His USAR service as a ROTC cadet completed from 3 January 1972 to 3 June 1974, while obtaining his education at Florida A & M University was not service performed on active duty or while in an inactive status of the USAR. Accordingly, there is no basis for adding this service to his DD Form 214.
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) AR20110012504
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ABCMR Record of Proceedings (cont) AR20110012504
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