IN THE CASE OF:	  

		BOARD DATE:	  7 January 2015

		DOCKET NUMBER:  AR20140008548 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as “CADET,” his Bachelor of Arts in Oriental Studies from the University of Arizona be reflected under “Military Education,” and that his time in the Reserve Officers’ Training Corps (ROTC) be added to his active duty time. 

2.  The applicant states that he was awarded an active duty ROTC scholarship and was technically on active duty during his time as a cadet and that service should be reflected on his DD Form 214. 

3.  The applicant provides copies of his DD Form 214, discharge orders from the ROTC Control Group, A Department of Veterans Affairs Request for Information, Diploma from the University of Arizona, and his ROTC enlistment contract.

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 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 12 November 1982 for a period of 4 years and training as an Electronic Warfare/Signal Intelligence Analyst.  He completed his basic training at Fort Leonard Wood, Missouri and was transferred to Goodfellow Air Force Base, Texas to undergo his advanced individual training (AIT).  He completed that phase of his AIT and was transferred to the Defense Language Institute in Monterrey, California for training in the Arabic language.

3.  He completed his training and was transferred to Fort Stewart, Georgia for his first and only assignment.

4.  On 22 July 1985, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 
16-2a(2), to enter ROTC or other officer commissioning training program.  He had served 2 years, 8 months, and 11 days of creditable active service.

5.  On 23 July 1985, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years and assignment to the ROTC Control Group.  His contract specified that if he was disenrolled from the ROTC Program for any reason or failed to complete the educational requirements specified in his agreement, the Secretary of the Army may order him to reimburse the United States or he may be ordered to active duty in an enlisted status (private E-1) based on the amount of time served in the ROTC.

6.  On 29 June 1987, the applicant requested to be relieved from Advance Camp at Fort Lewis, Washington.  On 8 September 1987, the applicant pled guilty and was sentenced to a felony charge of criminal damage involving the wrongful use of two stolen credit cards.

7.  An investigation and hearing was conducted and a determination was made that the applicant had breached his ROTC contract and that he should be required to repay the benefits he had received.  The applicant agreed to a repayment plan on 12 May 1989.

8.  The applicant graduated from the University of Arizona on 19 December 1987.

9.  For reasons not explained in the available records, orders were not published until 15 September 1995 which discharged him from the USAR Control Group (ROTC).

10.  The applicant again enlisted in the USAR on 25 January 1995 for a period of 8 years and training as a medical specialist.  However, he was discharged from basic training on 31 July 1995 for failure to meet procurement medical standards.

11.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 serves as a snap-shot of an individual’s service during the period covered by that form.  Service or events that occur subsequent to the period covered are not authorized for retro-active entry on that form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service in ROTC should be added to his DD Form 214 as active service has been noted.  ROTC service is not creditable as active service and his service in ROTC was performed after the DD Form 214 was issued and is not authorized for entry in any form on his DD Form 214.

2.  It is also noted that the applicant was discharged from the Regular Army prior to entering into an ROTC agreement and in doing so he acknowledged that he could be ordered to active duty by the Secretary of the Army if he failed to complete the educational requirements specified in his agreement.  That in itself confirms that he was not on active duty while in the ROTC Control Group.

3.  Additionally, his request to show his rank as a CADET and his diploma as military education on his DD Form 214 have no merit as they occurred subsequent to the period covered by the DD Form 214.

4.  Accordingly, there is no basis to grant any portion of his request.

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)                                         AR20140008548





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ABCMR Record of Proceedings (cont)                                         AR20140008548



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