MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 September 2001
	DOCKET NUMBER:   AR2001056207

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his 1982 discharge be revoked, that he be given credit for active service since 1982 and that he be placed on the Retired List in the pay grade of E-8 at the time he would have completed 20 years of active Federal service. 

APPLICANT STATES:  In effect, that he was an active duty staff sergeant (SSG) who was honorably discharged on 31 August 1982 for the purpose of accepting a 3-year Reserve Officer Training Program (ROTC) Scholarship that was granted by the Army.  He goes on to state that he was subsequently unjustly dismissed from the program and this action has virtually destroyed his life and haunted him all of these years.  He continues by stating that he was a career soldier who would have become eligible for retirement on 2 December 1996, had he not accepted the scholarship.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 3 December 1976, successfully completed his training and was promoted to the pay grade of E-6 on 1 April 1982.  He reenlisted and remained on active duty until he was honorably discharged on 31 August 1982 for the purpose of enrollment in a 3-year ROTC Scholarship Program.

The applicant enrolled in the ROTC Program at the University of San Francisco and remained in the Program until he was subsequently disenrolled/dismissed from the ROTC Program for failure to complete the requirements of the program and his contract.

The applicant applied to this Board in 1993 requesting that his records be corrected to reflect a complete discharge from the Army and separation from the ROTC Program based on the convenience of the Secretary of the Army.  The facts and circumstances of this case are delineated in this Board’s Memorandum of Consideration dated 21 September 1994 (AC94-05074). 

Information contained in the available records indicate that the applicant was discharged from the United States Army Reserve (USAR) in 1995.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s discharge was accomplished in accordance with the applicable regulations with no indication of any of the applicant’s rights.

2.  Additionally, the discharge was based on a voluntary request on the part of the applicant for the purpose of accepting a ROTC Scholarship.  While the applicant failed to complete the conditions of his contract and was subsequently dismissed from the program in accordance with the applicable laws and regulations in effect at the time, the Board finds no basis to grant him service credit or promotions for time he did not serve.

3.  The applicant’s contentions have been noted by the Board and appear to be without merit.  He has not submitted any evidence to show that he was either improperly discharged for the purpose of accepting the ROTC scholarship or that he was improperly dismissed from the ROTC Program.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mm__  ___ls  ___  __jm____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001056207	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/06	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1982/08/31	
DISCHARGE AUTHORITY	AR635-200/PARA 5-4A	
DISCHARGE REASON	A07.00/ROTC SCHOLARSHIP	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  469	144.0700/A07.00	
2.		
3.		
4.		
5.		
6.