BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130014147
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 he was commissioned through a Reserve Officers' Training Corps (ROTC) Scholarship program.
2. The applicant states he was commissioned through the ROTC Scholarship program at Texas Tech University. However, the entry on his DD Form 214 shows he was not commissioned through an ROTC Scholarship program.
3. The applicant provides a copy of a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. U.S. Army Cadet Command, Lubbock, TX, memorandum, dated 10 August 2012, appointed the applicant as a Reserve commissioned officer of the U.S. Army in the rank of second lieutenant (2LT) upon execution of the Oath of Office.
2. A DA Form 71 (Oath of Office - Military Personnel) shows the applicant executed the Oath of Office as a Reserve commissioned officer of the U.S. Army on 10 August 2010 at Texas Tech University, Lubbock, TX.
3. Texas Military Forces, Army National Guard (ARNG), Adjutant General's Department, Austin, TX, Orders 235-1058, dated 22 August 2012, as amended by Orders 235-1059, dated 22 August 2012, appointed the applicant in the ARNG in the rank of 2LT effective 10 August 2012. The "Previous Assignment" lead line shows "ROTC."
4. The applicant was ordered to active duty for training (ADT) on 25 March 2013.
5. A DD Form 214 shows the applicant was honorably released from ADT on
26 July 2013 and transferred to an ARNG unit. It shows in block 15 (Commission or Loan Repayment Information), block b (Commissioned through ROTC Scholarship), the "NO" block contains an "X."
6. In support of his application the applicant provides a copy of a DA Form 597-3 that shows in:
a. Part I (Department of Army Agreements), the Army agreed to pay tuition, fees, books, and laboratory expenses for a period of 2 academic years.
b. Part II (Agreement of Scholarship Cadet Contracting in the Senior ROTC Program), block 4, upon completion of all requirements for appointment, the applicant agreed to accept appointment, if offered, as a commissioned officer in the U.S. Army Reserve or ARNG of the United States, in accordance with governing Army regulations.
c. The applicant and a professor of military science placed their signatures on the document on 16 June 2010 and 23 September 2010, respectively.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. The instructions for block 15, block b, state to enter "Yes" or "No."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was commissioned through the ROTC Scholarship program on 10 August 2012 and he was ordered to ADT on 25 March 2013.
2. The DD Form 214 he was issued upon completion of ADT incorrectly shows that he was not commissioned through the ROTC Scholarship program.
3. Therefore, it would be appropriate to correct the applicant's DD Form 214.
BOARD VOTE:
___X_____ __X______ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the "X" from the "NO" block and placing an "X" in the "YES" block of
block 15b of his DD Form 214.
_______ _ 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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