IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140002476 


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, that her service as a Reserve Officers' Training Corps (ROTC) cadet be credited for retirement pay purposes.  She also requests the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for her ROTC service.

2.  The applicant states:

   a.  The documentation verifying this information was not available at the time of retirement (August 2000); it was retrieved in January 2014.  Her enlistment agreement was signed on 7 September 1976 in accordance with (IAW) Army Regulation 145-1 (ROTC, Senior ROTC Program:  Organization, Administration, and Training) at the University of Wisconsin-Madison, ROTC Department.

   b.  At the time of retirement she was unable to locate the necessary documents showing she enlisted in the U.S. Army Reserve (USAR) ROTC (Orders Number 62-85, dated 7 September 1976) IAW Army Regulation 145-1 and U.S. Army Training and Doctrine Command Regulation that sent her to Fort Riley, KS, for ROTC Advanced Camp with a reporting date of 9 June 1977 (Orders Number 8-1, dated 2 June 1977).

   c.  IAW U.S. Army Training and Doctrine Command Regulation 145-11 and Army Regulation 145-1, she was sent to Airborne School at Fort Benning, GA. Orders Number 16-1, dated 15 December 1978, discharged her from the USAR IAW Army Regulation 145-1 for the purpose of accepting a commission in the U.S. Armed Forces effective 22 December 1978.  Her Reserve time is not reflected in her record.  She served in the ROTC Reserve and it needs to be reconciled/entered for accuracy and correction of her retirement pay.

   d.  She is also including Permanent Orders (PO) Number 136-2 (graduation from Airborne School), dated 16 August 1977, to continue the record of events.  She respectfully requests this information be favorably considered even after the extended length of time and her service record (DD Form 214) be corrected to accurately reflect her Reserve service from 7 September 1976 through
22 December 1978.

3.  The applicant provides copies of the following:

* DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States)
* Orders Number 62-85
* Orders Number 8-1
* PO Number 136-2
* DA Form 1307 (Individual Jump Record)
* Selection for Regular Army (RA) Appointment memorandum
* Letter of Appointment in the RA
* Orders Number 36-2-A-51
* Orders Number 180-8-A-710
* Announcement of Distinguished Military Graduate Designation
* Orders 16-1
* Oath of Office/Military Personnel

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the USAR Control Group (ROTC) program on 
7 September 1976.  

3.  She provided copies of the following:

* Orders Number 62-85, issued by Headquarters, U.S. Army Second ROTC Region, dated 12 April 1977, authorizing her travel at Government expense to attend ROTC Advanced Camp II at Fort Riley, KS, with a reporting date of 9 June 1977
* Orders Number 8-1, issued by the U.S. Army ROTC Instructor Group, dated 2 June 1977, authorizing her travel at Government expense to Airborne School, at the U.S. Army Infantry School, Fort Benning, GA, with a report date of 29 July 1977
* PO Number 136-2, issued by Headquarters, U.S. Army Infantry Center, on 16 August 1977, awarding her the Parachutist Badge for successful completion of the Airborne Course
* DA Form 1307, dated 16 August 1977, documenting her Jump Record from August to October 1977 at Fort Benning, GA
* Letter, issued by Headquarters, U.S. Army Second ROTC Region, dated 
1 February 1978, Subject:  Selection for RA Appointment, advising her that she was selected for an RA appointment in the rank/grade of second lieutenant (2LT)
* Letter, issued by the U.S. Army Military Personnel Center, dated 4 May 1978, Subject:  Selection for RA Appointment, advising her that she was selected for an RA appointment in the rank of 2LT and in the Transportation Corps
* Order Number 36-2-A-51, issued by the U.S. Army Military Personnel Center, dated 4 May 1978, announcing her appointment in RA from the ROTC Program
* Orders Number 180-8-A-710, issued by Headquarters, U.S. Army Second ROTC Region, dated 30 October 1978, ordering her to active duty with a reporting date of 27 December 1978
* Letter, issued by the U.S. Army ROTC Instructor Group, dated 
11 December 1978, Subject:  Announcement of Distinguished Military Graduate Designation, showing the applicant was one of three individuals designated as Distinguished Military Graduates for the school year 
1978-79
* Orders Number 16-1, issued by the U.S. Army ROTC Instructor Group, dated 15 December 1978, discharging her from the USAR for the purpose of accepting a commission in the RA
* Oath of Office showing she was appointed in the RA, as a 2LT, on 23 December 1978


4.  She served continuously on active duty in various assignments until she was honorably retired on 30 August 2000.  Her DD Form 214 lists in the following items:

* 12a (Date Entered AD this Period) - the entry date of 23 December 1978
* 12b (Separation Date this Period) - the separation date of 30 August 2000
* 12c (Net Active Service This Period) - 21 years, 8 months, and 8 days
* 12d (Total Prior Active Service) - Zero credit
* 12e (Total Prior Inactive Service) - Zero credit

5.  Her records contain a Chronological Statement of Retirement Points, dated 4 March 2014, which shows she served as a commissioned officer in the RA from 23 December 1978 through 30 August 2000.  The statement also shows she was credited with 21 years, 8 months, and 8 days of qualifying service for retired pay.

6.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army’s Senior ROTC Program.  The regulation states all ROTC graduates commissioned under this chapter will be appointed in the rank of 2LT. The date of rank for all other ROTC commissionees will be the date that they executed the oath of office.  

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 12a - would list the beginning date of the continuous period of active duty for issuance of the DD Form 214 or for which a DD Form 214 was not previously issued
* Item 12b - would list the Soldier's transition date
* Item 12c - would list the amount of service that period, computed by subtracting item 12a from 12b, less time lost
* Item 12d - would list from a previously-issued DD Form 214 the total amount of prior active military service, less time lost
* Item 12e – would list from a previously-issued DD Form 214 and/or Officer Record Brief the total amount of prior inactive service, less time lost;  Delayed Entry Program time begun after 1 January 1985 is not creditable service for pay purposes

8.  Department of Defense (DOD) Financial Management Regulation, Volume 7, Chapter 1, paragraph 010101D.10. states, "Service as a member of the Army, Navy, or Air Force ROTC, provided the member has concurrent Selected Reserve (drilling status) for duty performed on or after 1 August 1979" is creditable service.

9.  DOD Financial Management Regulation, Volume 7, Chapter 1, paragraph 010101D.10. states, "Prior provisions of law excluded the Simultaneous Membership Program from creditable service for commissioned officers effective 13 October 1964.  Public Law 104-201, section 507, dated 23 September 1996, amended these provisions to provide service credit retroactive to 1 August 1979.  These amendments, as referenced in subparagraph 010101.D.10 above, resulted in no increase in pay, retired or retainer pay before the date of enactment, 23 September 1996.  Service in the program for enlisted members who retain that status remain creditable under all provisions."

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the ROTC Program from 7 September 1976 through 15 December 1978 as a cadet.  She was discharged from the ROTC Control Group and accepted a commission as a 2LT in the RA on 23 December 1978. She served continuously in the RA until she was retired on 30 August 2000. 

2.  There is no evidence she enlisted in a simultaneous membership program and that she had concurrent "drilling status" during the time she was a member of the USAR, ROTC Control Group, on or after 1 August 1979.  

3.  DOD Financial Management Regulations show the above time is not creditable service; therefore, she is not entitled to an increase in pay and benefits based on her ROTC service.

4.  In accordance with Army regulations, a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Therefore, she is not entitled to the issuance of a DD Form 214 for her period of service in the ROTC Program.

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)                                         AR20140002476



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ABCMR Record of Proceedings (cont)                                         AR20140002476



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