BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140015368 


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:

	a.  Reconsideration of his earlier application to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 19 May 1991, to show his rank/pay grade as sergeant (SGT)/E-5.  

	b.  As a new issue, he requests the issuance of a DD Form 214 for his Reserve Officers' Training Corps (ROTC) Advanced Camp service in 1988 and that this DD Form 214 show his pay grade as E-5.

2.  The applicant states, in effect:

	a.  Issuing him a DD Form 214 for his service during ROTC Advanced Camp in 1988 will verify his active service for that period and show he held the pay grade of E-5.  He held the pay grade of E-5 for the remainder of his Reserve obligation, which ended 15 March 1995.

	b.  The determination as to his length of active service and the highest pay grade he held are extremely important in the accounting of all of his creditable military service.  Both affect the receipt of military benefits as well as the calculation of his civil service retirement.



	c.  He explains the documentary evidence he is providing:

* Attachment 1 includes his first DD Form 214 (for the period ending 28 August 1987) during which he received initial training; also included is a copy of his red identification (ID) card
* Attachments 2 and 3 show the period for which he did not receive a 
DD Form 214; he provides Leave and Earnings Statements (LES) (including his final graduation LES (dated July 1988)) and an extract from his medical records, dated 1988, while attending Advanced Camp, Fort Lewis, WA 
* Attachment 4 includes his December 1987 ROTC cadet LES, confirming he was an ROTC cadet with the 263rd Supply and Service Company located in El Paso, TX, and a copy of the red ID card which has an expiration date of 30 September 1989
* Attachment 5 contains an LES, showing pay grade E-5, from 1990 to May 1991, his full term of active service in support of Operation Desert Shield/Desert Storm (Gulf War)
* Attachment 6 contains the DD Form 214 for his service during the Gulf War, ending 19 May 1991, inaccurately showing his pay grade as E-4
* Attachment 7 provides a timeline of events for his entire period of service

	d.  Regarding his length of service, there is a period of 6 weeks when he served in an active duty status that is unaccounted for and it should be addressed on a DD Form 214.  The highest pay grade he held was E-5 and this should also be correctly stated on a DD Form 214.

3.  The applicant provides attachments 1 through 7, as described above.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130018300, on 22 July 2014.

2.  The applicant provides new evidence which warrants consideration by the Board.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 16 March 1987 in the rank/pay grade of private first class (PFC)/E-3.


4.  His records contain:

	a.  DA Form 597 (Army Senior ROTC Student Contract) which shows an agreement for a non-scholarship cadet enrollment that was signed by the applicant on 4 September 1987.  His enrollment in the Advanced Course was confirmed on 1 October 1987.  

	b.  Two DD Forms 2384 (Selected Reserve Educational Assistance Program (GI Bill) Notice of Basic Eligibility) signed by the applicant on 25 February and
13 December 1988, respectively.  Both show the applicant's grade as cadet/E-5.  At some point after the latter date, the applicant was disenrolled from the ROTC program and placed in the USAR Control Group (Annual Training).

	c.  Orders C-10-053610, dated 1 November 1989, issued by the USAR Personnel Center, showing the applicant was relieved from the USAR Control Group (Annual Training) and assigned to the 340th Combat Support Company, Service and Support, effective 31 October 1989, in the rank of PFC/E-3.

	d.  DA Form 4187 (Personnel Action), dated 13 February 1990, issued by the 340th Supply and Service Company, which shows he was advanced to the rank of SPC/E-4, effective 1 February 1990.

5.  He was ordered to active duty in support of Operation Desert Shield/Desert Storm on 27 September 1990.  He served in Southwest Asia from 30 October 1990 to 21 April 1991.  On 19 May 1991, he was released from active duty in the rank of SPC/E-4.  Item 4a of his DD Form 214 for the period ending 19 May 1991 shows the entry "SPC."  Item 4b shows the entry "E4."

6.  His records also contain:

	a.  Orders 22-031, dated 3 April 1992, issued by Headquarters, 90th USAR Command, showing the applicant was released from the 340th Supply and Service Company and assigned to the USAR Control Group (Annual Training), in the rank of SPC.  

	b.  Orders D-03-529452, dated 28 March 1995, issued by the USAR Personnel Center, showing he was honorably discharged from the USAR effective 28 March 1995, in the rank of SPC. 

7.  His records are void of promotion orders which show he was promoted to the rank/grade of SGT/E-5 prior to his discharge.


8.  The applicant provides:

	a.  LES's from November 1987 through May 1991 (nonconsecutive).  All show his pay grade as either cadet or E-5.

	b.  An extract from his medical records which indicates he was treated at Madigan Army Medical Center, Fort Lewis, WA between 24 June and 26 June 1988.

	c.  A timeline of events which shows:

* he joined the USAR in 1987 with a commitment of 8 years; he received a DD Form 214 after completing advanced individual training
* In 1988 he was sent to Fort Lewis, WA for the Fourth Region Advanced Camp; he was assigned to the 6th Regiment cycle that processed in on 20 June 1988; he graduated on 31 July 1988
* he was an ROTC cadet with the 263rd Supply and Service Company located in El Paso, TX until 1989
* in 1989 he relocated to San Antonio, TX and entered the USAR Control Group (becoming a member of the inactive Reserve)
* between 1990 and 1991 he was assigned to the 340th Supply and Service Company in an E-3 slot; but continued to receive E-5 pay
* he attended Annual Training and was promoted to SPC/E-4
* when he was mobilized in 1991, his commander learned he was a former cadet and gave him the role of a SGT; after that his commander had him wear the rank of SGT
* although he never was given orders promoting him to SGT, he served as a noncommissioned officer in charge (NCOIC) of the laundry section; he received an NCO evaluation report while on active duty
* he was released from active duty in June 1991
* he relocated to Wright-Patterson, OH and was again placed in the USAR Control Group as an inactive member of the Reserve
* he ended his term in the USAR in 1995

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes policies and procedures for the completion of the DD Form 214.  It states:

	a.  A DD Form 214 will be prepared for periods of active duty which are 90 days or more (emphasis added).

	b.  For items 4a and 4b of the DD Form 214, enter the active duty grade of rank and pay grade at the time of separation.
10.  Army Regulation 601-210 (Personnel Procurement - Regular Army and Army Reserve Enlistment Program), in effect at the time, prescribes policies and procedures for the enlistment and processing of persons into the Regular Army, the Army Reserve, and the Army National Guard.  It also prescribes the appointment and management of ROTC cadets under the SMP.  

	a.  Chapter 10 (ROTC/Simultaneous Membership Program (SMP)), paragraph 10-12c (Pay) addresses persons who are SMP participants.  It states SMP participants will be shown in the rank of cadet and advanced to the rank of SGT/E-5 while in an officer trainee status, if at the time they are in a pay grade less than E-5.  

	b.  Paragraph 10-12g states an officer-trainee or cadet disenrolled from Advanced ROTC will be dropped from ROTC/SMP.  He or she is to be reduced immediately.

DISCUSSION AND CONCLUSIONS:

1.  As to the issuance of a DD Form 214 for the period the applicant attended ROTC Advanced Camp, the regulation states a DD Form 214 is issued for periods of 90 days or more.  As the applicant affirms, ROTC Advanced Camp was 6 weeks in length and, thus, did not meet the 90-day requirement.  A 
DD Form 214 should, therefore, not be prepared.

2.  Regarding the correction of his DD Form 214 for the period ending 19 May 1991 to show his pay grade as E-5, the evidence of record, as well as that provided by the applicant, does not support the granting of this request.

	a.  The record shows the applicant participated in the ROTC/SMP from on or about 1 October 1987 until on or about September 1989.  An ROTC/SMP participant is paid in the pay grade of E-5 only when participating in the program.  Regulatory guidance requires disenrolled officer-trainees or cadets to be dropped from ROTC/SMP and reduced immediately.

	b.  The applicant contends and provides evidence to show he was paid as an E-5 for the remainder of his service in the USAR.  The fact he was paid as an 
E-5, however, does not confirm he actually held the rank/grade of SGT/E-5.  Based on the regulatory requirement to reduce disenrolled ROTC/SMP participants, it appears instead he was paid as an E-5 in error.

	c.  As further evidence he no longer held the pay grade of E-5 after disenrollment from ROTC/SMP, his records contain orders, dated October 1989 issued by the USAR Personnel Center, which show his rank as PFC.
	d.  A DA Form 4187 later shows he was promoted to SPC/E-4, effective 1 February 1990

3.  Based upon the foregoing, it appears the DD Form 214 for the period ending 19 May 1991 correctly shows the applicant's rank/grade as SPC/E-4 and the requested relief should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  __X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  With respect to the applicant's request to reconsider the Board's decision not to correct the rank/grade shown on the DD Form 214 for the period ending 19 May 1991 by changing it to SGT/E-5, 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 to amend the decision of the ABCMR set forth in Docket Number AR20130018300, on 22 July 2014.

2.  Regarding the applicant's new issue wherein he requested a DD Form 214 be issued for the period ending on or about 31 July 1988, during which he attended ROTC Advanced Camp, 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)                                         AR20140015368



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ABCMR Record of Proceedings (cont)                                         AR20140015368



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