MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 AUGUST 2001                   
	DOCKET NUMBER:   AR2001056670

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder 		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:  In effect, that his record be corrected to show that he had 6 years, 7 months, and 12 days of active service, vice the 6 years, 5 months, and 12 days reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

APPLICANT STATES:  In effect, that his disability severance pay was calculated incorrectly because of the failure to include the time he served at the air assault school and the ROTC (Reserve Officers Training Corps) advanced camp.  He states that severance pay is calculated on partial years and the 6 years,              5 months, and 12 days would be rounded down to 6 years for computing the severance pay, when total active duty time is actually 6 years, 7 months, and     12 days, which would be rounded up to 7 years.  As a Department of the Army civilian, he is buying back his military time for retirement purposes and will have to pay back his total time, which includes two weeks at air assault school and six weeks at ROTC advanced camp.  He states that if he has to pay back for the military service time, then he should be compensated for the time he served, with respect to disability severance pay.   

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board’s consideration of his request for physical disability retirement (AR1999028401) on 23 March 2000.

The applicant provided a copy of a form showing his estimated earnings during his military service.  He included the money he earned while at air assault school in May 1988 and at the ROTC camp in June and July of 1989.  He also included a copy of the order authorizing his attendance at the ROTC advanced camp at Fort Bragg, and the order authorizing his attendance at the air assault school at Fort Campbell.

The applicant provided a copy of a DA Form 1506, Statement of Service – For Computation of Length of Service for Pay Purposes, which shows he served in the Army Reserve not on active duty from 18 May 1990 to 25 October 1990, and which also shows that he served on active duty beginning on 26 October 1990.  His PEBD (pay entry basic date) is shown as 18 May 1990.   

The applicant’s DD Form 214 shows that he had 6 years, 5 months, and 12 days of net active service, and 5 months and 8 days of inactive service.  He was discharged with disability severance pay on 7 April 1997.

Army Regulation 635-40, paragraph C-12, pertaining to the computation for severance pay, states that in computing pay for those with less than 20 years’ active service and a disability percentage of less than 30 percent, figure              2 months’ basic pay for every year of active duty with a maximum of 12 years service.  Consider 6 months or more as a whole year for computing years of service as a multiplier. 

Army Regulation 635-40 defines active duty as full-time duty in the active military service of the United States.  This general term applies to all active duty service with the active forces without regard to duration or purpose.  

The Department of Defense Financial Management Regulation (DODFMR) defines active duty as full-time duty in the active service of a Uniformed Service, including full-time training duty, annual training duty, full-time National Guard duty, and attendance, while in the active service, at a school designated as a Military Service school by law or by the Secretary concerned.  Active service means service on active duty.

Paragraph 350403 of the DODFRM provides the formula for the computation of disability severance pay, and states to compute that pay multiply the sum of basic pay for 2 months by the number of combined years of active service and inactive duty training (but not over 12).  The member’s separation orders specify the total combined years of active service and inactive duty training to be counted in computing severance pay.  Round this total to the nearest whole year, with 6 months or more rounded up.  

Paragraph 010201 states that active or inactive service as a commissioned officer in various organizations, Army National Guard, Army Reserve, Regular Army, etc., is service creditable for basic pay.  Service in the ROTC is not one of those listed organizations.  Paragraph 010203 states in pertinent part, that for commissioned officers, any period of service after 13 October 1964 as a member of the Army ROTC is not creditable service.

Army Regulation 635-5 provides instructions for the preparation of DD Form 214 and states in pertinent part that the total amount of service for the period of the DD Form 214, e.g., the date entered on active duty and the separation date, will be entered in item 12c,that total prior active military service will be entered in item 12d, and total prior inactive service entered in item 12e. 

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 records are correct.  His service while in the ROTC, to include his service at air assault school and ROTC advanced camp, is not active duty service.  He was not ordered to active duty, nor did he serve on active duty.  He held no commission, rank, grade, or office in the military.  The applicant himself entered the money he earned while at air assault school and ROTC advanced camp on the form showing his estimated earnings during military service, in spite of the fact that that form indicates to enter active military service after December 31, 1956 and that dates indicated must be based on DD 214 or equivalent certification.

2.  Absent information to the contrary, the applicant’s disability severance pay as indicated on his DD Form 214 is correct.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that 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

__WTM__  __REB       __JRS__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056670	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010814	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	128.08	
3.	303	
4.		
5.		
6.