RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            13 November 2003  
	DOCKET NUMBER:   AR2003090102

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

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Eloise C. Prendergast		Member	
	Mr. Ronald E. Blakely		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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) for the period ending 1 August 1994 be amended in item 6 (Reserve Obligation Termination Date) to read 23 August 1998 and in item 9 (Command to which Transferred) to read U. S. Army Reserve (USAR) Control Group (Reserve Officers' Training Corps (ROTC)).  He also requests that his ROTC contract be amended to show his date of enlistment as 2 August 1994.

2.  The applicant states that he was discharged early to become an ROTC     nonscholarship cadet and should have been transferred to the USAR Control Group (ROTC) for the remainder of the contract period he initially signed in August 1990.  His date of enlistment in the USAR Control Group (ROTC) should have been the day after he was separated from active duty.

3.  The applicant provides as supporting evidence his initial enlistment contract; his separation orders; his DD Form 214 for the period ending 1 August 1994; a memorandum dated 14 March 2003 from Headquarters, U. S. Army Cadet Command, U. S. Army Fourth Region (ROTC); his USAR Control Group (ROTC) enlistment contract; his DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Nonscholarship Cadet Contract; his DA Form 597-A-4 (Addendum to Army Senior Reserve Officers' Training Corps Cadet Contract); orders dated 5 June 1995 showing he was assigned to a troop program unit (TPU) as part of the Simultaneous Membership Program; orders dated 17 April 1997 releasing him from his TPU; a memorandum dated 3 February 1998 notifying him of his disenrollment from ROTC; orders dated 3 February          1998 discharging him from the USAR Control Group (ROTC); orders dated        19 July 1999 assigning him to a TPU; a DD Form 214 for the period ending       30 September 2002; and active duty orders dated 12 January 2003.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of errors which occurred on 1 August 1994 and 2 August 1994.  The application submitted in this case is dated 7 April 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the USAR (Delayed Entry/Enlistment Program) on  24 August 1990.  He enlisted in the Regular Army on 8 January 1991.

4.  On 1 August 1991, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-2 to enter an officer training program.  Item 6 shows his Reserve Obligation Termination Date as "0000 00 00."  Item 9 shows the command to which transferred as "NA."

5.  The applicant's ROTC contract shows his date of enlistment as 25 August 1994.  

6.  Army Regulation 635-200 (Enlisted Personnel), paragraph 16-2 provides procedures for the discharge of a soldier for the purpose of acceptance into a program leading to a commission or warrant officer appointment in any branch of the Armed Forces.  This includes, among other programs, ROTC.  Discharge is contingent upon enlistment in the appropriate branch of the Armed Forces and entry into an officer accession program.  Soldiers may be discharged for the purpose of entry into Army Senior ROTC as a scholarship cadet or nonscholarship advanced course cadet.  Discharge will be effective the day preceding enlistment in the USAR for Army Senior ROTC.

7.  Army Regulation 635-200, the glossary, defines discharge as, "complete severance from all military status gained by the enlistment or induction concerned."

DISCUSSION AND CONCLUSIONS:

1.  There is no error on the applicant's DD Form 214 for the period ending            1 August 1994.  The applicant was discharged from active duty in order to enter ROTC.  He was completely severed from all obligations incurred by his enlistment of 24 August 1990 – that is why he had to sign a new contract to enter the USAR Control Group (ROTC) instead of being transferred to that Control Group.  

2.  Because the applicant was discharged from active duty on 1 August 1994 for the purpose of entering into an officer accession program, he should have been enlisted in the USAR Control Group (ROTC) on the following day, 2 August 1994. His ROTC enlistment contract erroneously shows he enlisted on 25 August 1994.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__aao___  __ecp___  __reb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's ROTC enlistment contract, currently showing a date of enlistment of 25 August 1994, to show a date of enlistment of 2 August 1994.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of the DD Form 214 for the period ending 1 August 1994 of the individual concerned to show his Reserve Obligation Termination Date in item 6 as 23 August 1998 and the Command to which Transferred in item 9 as USAR Control Group (ROTC).

		___Arthur A. Omartian
		        CHAIRPERSON

INDEX

CASE ID	AR2003090102	
SUFFIX		
RECON		
DATE BOARDED	20031113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	100.00	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.