IN THE CASE OF:	  

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130009301 


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, in effect, Active Federal Service (AFS) credit for the period 15 May 1987 to 6 March 1988 in order to facilitate eligibility and accession into the sanctuary program in accordance with Title 10, U.S. Code, Section 12686.

2.  The applicant states:

	a.  In February 2013, he submitted an application along with allied documents to the U.S. Army Human Resources Command (HRC) requesting sanctuary and showing he had attained enough service to qualify for sanctuary.  HRC nonconcurred with his application after they adjusted his retirement points based on their review of the regulation. 

	b.  HRC did not provide his S1 (Personnel Administrator) the regulations pertaining to the reason HRC denied him credit for his service from 15 May 1987 to 6 March 1988.

	c.  He was commissioned in May 1987 and assigned to the Reserve Officers' Training Corps (ROTC) program in order to complete the remaining credits required for his degree.  He reported daily as ordered, completed his remaining educational requirements, was immediately slotted, and was immediately scheduled for the Officer Basic Course (OBC) in March 1988.

	d.  He is requesting to be credited with AFS after he was commissioned because he was not an ROTC student, he was on official military orders and had completed his mission as a prerequisite for the permanent change of station order assigning him to the OBC scheduled for March 1988.  This specific pattern is not found in the regulations.

3.  The applicant provides the following documents:

* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) 
* four DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 220 (Active Duty Report)
* two ARPC Forms 249-E (Chronological Statement of Retirement Points)
* Department of Defense Instruction Number 1215.07
* one page of Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records)

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 597-3, dated 29 August 1985, shows he enlisted in the ROTC Scholarship Cadet program for a period of 2 years.

2.  He submitted:

	a.  a Statement of Understanding Concerning Appointment as an Officer Under the Provisions of the Commissioning of Completion Students Program, signed by the applicant on 4 March 1987, indicating it was his intention to obtain his baccalaureate degree on 9 December 1987 from Northern Arizona University.  

	b.  A letter and a memorandum from Headquarters, U.S. Army Fourth ROTC Region:

		(1)  Letter, dated 15 May 1987, which shows that on the same date the applicant accepted an appointment and was commissioned a Reserve officer in the rank of second lieutenant.

		(2)  Memorandum, dated 7 January 1988, which shows he was branch transferred into the Medical Service Corps, effective 19 December 1987.

	c.  His transcript from Northern Arizona University, which shows he received his Bachelor of Science Degree in Psychology on 18 December 1987. 

	d.  Orders 13-1-A-9 from Headquarters, U.S. Army Fourth ROTC Region, dated 25 January 1988, which show he had an active duty commitment of 4 years with temporary duty from 8 March to 16 June 1988 and an ultimate report date of 2 July 1988.
	e.  His DD Form 220, dated 9 March 1988, which shows in:

		(1)  Item 6 (Effective Date of Entry on Active Duty) the entry 3 March 1988; and

		(2)  Item 7 (Report Date) the entry 8 March 1988.

	f.  four DD Forms 214, which show he served a total of 15 years, 6 months, and 26 days on active duty from:

		(1)  7 March 1988 to 27 January 2000, for a period of 11 years, 10 months, and 21 days;

		(2)  7 January 2005 to 18 March 2006, for a period of 1 year, 2 months, and 12 days;

		(3)  7 October 2006 to 2 June 2008, for a period of 1 year, 7 months, and 26 days; and 

		(4)  22 April 2011 to 18 February 2012, for a period of 9 months and 27 days.

	g.  Orders B-06-104452, issued by HRC, dated 16 June 2011, which show he was promoted to lieutenant colonel, effective 6 February 2011.

	h.  Orders 12-126-00001, issued by the 87th U.S. Army Reserve (USAR) Support Command, dated 5 May 2012, which ordered him to active duty for a period of 365 days in support of Operation Enduring Freedom.

	i.  A DA Form 4187 and allied documents, dated 23 January 2013, requesting to remain on active duty in accordance with Title 10, U.S. Code, section 12686 in order to obtain 20 years of AFS for retirement.  He indicated he would reach 18 years of AFS on 31 March 2013.  His release date from active duty was 31 May 2013. 

	j.  A memorandum from HRC, dated 15 March 2013, Subject:  Sanctuary Disapproval, disapproved his request for sanctuary because he would not have 
18 years of AFS at the end of his current mobilization.

	k.  A Service Time Summary, dated 15 March 2013, which shows he had attained 16 years and 1 month of prior service as shown on his previous DD Forms 214 and 1 year of net service this period for a total of 17 years and 
1 month of AFS.
	l.  Nine pages of email, dated between 21 March and 2 May 2013, which show the communication between the applicant, his S1, and HRC regarding his request for assistance in attaining eligibility for the sanctuary program.  

3.  On 31 May 2013, the applicant was released from active duty and transferred to the USAR.  The DD Form 214 he was issued shows he completed 1 year of AFS during this period of service from 1 June 2012 to 31 May 2013.  

4.  The applicant's ARPC Form 249-E prepared:

   a.  On 3 July 2012, lists his Regular Army (RA) service from 5 May 1987 through 26 January 2000, but does not list any ROTC service or give him any points for ROTC service from 29 August 1985 to 14 May 1987.

   b.  On 30 May 2013, was updated to show his RA service from 7 March 1987 through 27 January 2000, but does not credit him with any points for ROTC service from 29 August 1985 to 14 May 1987.  However, he had 12 membership points and no active duty points for his service completed in the USAR from 
15 May 1987 to 6 March 1988.

5.  Title 10, U.S. Code, Section 12686a states that under regulations to be prescribed by the Secretary concerned, which shall be as uniform as practicable, a member of a Reserve Component (RC) who is on active duty (other than for training) and is within    2 years of becoming eligible for retired pay or retainer pay under a purely military retirement system (other than the retirement system under chapter 1223 of this title), may not be involuntarily released from that duty before he becomes eligible for that pay, unless the release is approved by the Secretary.

6.  Sanctuary is a term used to describe the period in a Soldier's career where he or she has enough creditable service to be within 2 years of retirement eligibility, whether active or Reserve, officer or enlisted.

   a.  There are two types of sanctuary, active duty and Reserve (inactive duty).  Soldiers cannot always mix Reserve and active duty service for sanctuary reasons.  For example, a Soldier cannot enter sanctuary for a regular retirement if he/she has 15 years of inactive service and 3 years of active service, but would enter sanctuary for a non-regular retirement.  To enter sanctuary for a regular retirement, a Soldier must have 18 years of active service.

	b.  Sanctuary means the Soldier, who is within 2 years of retirement eligibility, may not be involuntarily separated until retirement eligibility is reached.  Only the Service Secretary may approve exceptions.
7.  Army Regulation 140-185 states that only Ready Reserve Soldiers (other than ROTC and Delayed Entry Control Group Soldiers) and Active Standby Reserve are authorized retirement point credit.  As an exception to the above exclusion of ROTC service, potential participants in the ROTC/Simultaneous Membership Program (SMP) (those not enrolled in the Advanced ROTC Course) are authorized retirement points credit and to be paid for drills in the grade and years of service attained.  Participants in the ROTC/SMP enrolled in the Advanced ROTC Course are authorized retirement points and pay for drills until commissioned.  Points and service time while in the advanced course are then removed. See Army Regulatin 601- 210, chapter 10.  Participants in the ROTC/SMP Advanced Course who are not commissioned or withdraw from the program are authorized retirement points for the time served as a participant.

8.  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 also participated in the SMP, retroactive to 1 August 1979 when the SMP began.  The revisions will result in no increase in pay, retired or retainer pay before the date of enactment, 23 September 1996.  If the credit results in higher basic pay due to a change in Pay Entry Base Date (PEBD), the effective date of the increase will be 23 September 1996.  The SMP service credit affects only the PEBD for pay purposes.  It does not affect the Basic Active Service Date or Basic Date of Appointment for officers or date of rank for officers.

9.  The SMP is a volunteer officer-training program, which allows individuals to simultaneously participate in an ARNG or USAR unit, and ROTC advanced course.  Participants are administratively advanced (not promoted) to the rank of cadet and are entitled to RC pay of E-5, or higher, as well as the ROTC monthly stipend.  The SMP allows future officers the opportunity to gain valuable on-the-job experience, knowledge, and a strong relationship with the ARNG or USAR.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record nor did the applicant submit any evidence that shows he was simultaneously enrolled in the ROTC program and the SMP from 29 August 1985 until he was commissioned on 15 May 1987 and ordered to active duty on 6 March 1988.  Therefore, he is not entitled to have his record corrected to show he attained AFS credit during this period to facilitate eligibility and accession into the sanctuary program.

2.  The available evidence does not show the applicant had attained 18 years of qualifying AFS service at his mobilization date ending 31 May 2013.  Therefore, he is not eligible to remain on active duty in order to participate in the sanctuary program.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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.


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ABCMR Record of Proceedings (cont)                                         AR20130009301



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