MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:           21 October 2003       
		DOCKET NUMBER:  AR2003091252

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 all his active duty time be reflected on his separation document (DD Form 214) as one continuous block.  

APPLICANT STATES:  In effect, that he was commissioned out of the Howard University Reserve Officer Training Corps (ROTC) in December 1980 and he entered active duty on 23 January 1981.  He claims that he was not credited with the three weeks of service he completed while attending the airborne school prior to being commissioned.  In support of his application, he provides a copy of his DD Form 214, an airborne course diploma, and his commissioning document.  

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

On 23 December 1980, the applicant was commissioned a second lieutenant Reserve commissioned officer of the Army.  On 23 January 1981, he entered active duty in that status.  He served on active duty until being honorably separated and transferred to the United States Army Reserve (USAR) 
Control Group on 5 December 1982.

The DD Form 214 issued to the applicant on the date of his separation confirms that he completed a total of for 1 year, 10 months, and 13 days of active military service and 1 month and 1 day of prior inactive service.  

In support of his application, the applicant provides a memorandum from a training technician from the Directorate of Training, Fort Benning, Georgia.  This document indicates that the applicant completed the basic airborne course, class 28-77, which was conducted from 17 May through 3 June 1977.  He also provides a copy of his airborne course diploma that also shows that he completed this course.  

The Department of Defense Financial Management Regulation (DODFMR) prescribes the policy for military pay and allowances.  Chapter 1 contains the policy for granting creditable service.  Paragraph 010101 provides guidance on service that is not creditable.  It states, in pertinent part, that for commissioned officers, any period of service performed after 12 October 1964 and prior to 
1 August 1979 in the ROTC, even if the officer held concurrent Reserve status is not creditable service.  

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 contention that his service at the basic airborne course in the summer of 1977, while a member of the ROTC, should be added to his separation document as creditable service is noted.  However, while he has presented evidence confirming he completed the airborne course in June 1977, it does not provide a sufficient evidentiary basis to support granting the requested relief.  

2.  By law and regulation, for commissioned officers, service performed after 
12 October 1964 and prior to 1 August 1979, while in the ROTC, is not creditable service.  As a result, there is no basis for adding the 1977 service performed by the applicant while he was in the ROTC to his DD Form 214.

3.  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. 

4.  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__  __FCJ__  __WDP        __  DENY APPLICATION

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

INDEX

CASE ID	AR2003091252	
SUFFIX		
RECON		
DATE BOARDED	2003/10/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1982/12/05	
DISCHARGE AUTHORITY	AR 635-100 C3	
DISCHARGE REASON	Promotion Nonselection	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  303	129.0100	
2.		
3.		
4.		
5.		
6.