IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005517 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 correction of his military service records to show his Pay Entry Basic Date (PEBD) is 30 July 1986. 2. The applicant states he enlisted as a cadet in the U.S. Army Reserve (USAR), Reserve Officers' Training Corps (ROTC) program on 30 July 1986. He actively participated in the ROTC program until he realized that he was ill-prepared for college. On 9 March 1988, he enlisted in the Texas (TX) Army National Guard (ARNG). He informed the TXARNG recruiter of his ROTC service and provided him a copy of his enlistment contract; however, the applicant's prior ROTC service was ignored. From that point forward, and despite numerous attempts to correct his records, his PEBD was established as 9 March 1988. 3. The applicant provides copies of two DD Forms 4 (Enlistment/Reenlistment Documents – Armed Forces of the United States) and a DA Form 134 (Military Training Certificate – ROTC). CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. A DD Form 4 shows the applicant enlisted as a cadet in the USAR on 30 July 1986 for a period of 8 years. It also shows the authority cited for his enlistment was Army Regulation 145-1 (Senior ROTC (SROTC) Program: Organization, Administration, and Training) and that the provisions of the Army regulation and agreements in a DA Form 597-3 (Army SROTC Scholarship Cadet Contract) were all the promises made to the applicant by the Government. (A copy of the DA Form 597-1 is not available.) 3. A DA Form 134 shows the applicant successfully completed 2 years of instruction in the Basic Course, ROTC, on 23 May 1988. 4. A DD Form 4 shows the applicant enlisted in the ARNG of the United States (ARNGUS) and TXARNG, in pay grade E-1, on 9 March 1988. 5. State of Texas, Adjutant General's Department, Austin, TX, Orders 222-287, dated 10 August 1995, appointed the applicant in the ARNG, in the grade of second lieutenant, effective 5 August 1995. The orders show his PEBD as 9 March 1988 with a retirement year ending (RYE) date of 8 March. 6. The applicant continued to serve in the ARNGUS and TXARNG. He was promoted to lieutenant colonel on 25 November 2008. 7. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant entered the ARNGUS and TXARNG on 5 August 1995, honorably separated from the ARNGUS, TXARNG, and as a Reserve of the Army on 28 February 2011, and transferred to the USAR Control Group (Retired Reserve). It shows in item 10 (Record of Service), block d (Total Service for Pay): 22 years, 11 months, and 22 days. 8. A review of the applicant's military personnel records, available in the Integrated Web System, contains a Chronological Statement of Retirement Points that shows a beginning date of 9 March 1988. This review failed to reveal any evidence of retirement point credit prior to 9 March 1988. 9. In the processing of this case, the Army Liaison official at the Retired and Annuity Pay, Defense Finance Accounting Service, confirmed that the applicant's PEBD was 9 March 1988. 10. Army Regulation 145-1, in effect at the time, applies to the program presented at college-level institutions and at the college-level element of military junior colleges. It also prescribes policies and the general procedures for administering the Army's SROTC Program. a. Chapter 1 (Introduction), paragraph 1-14 (Special ROTC programs), states that Simultaneous Membership Program (SMP) participants are cadets who are assigned to the ARNG and USAR units. b. Glossary, Section II (Terms), shows the SMP is a program that enables ROTC cadets to participate in ARNG and USAR unit paid drills while enrolled in the ROTC Advanced Course. 11. Department of Defense, Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay) governs active duty and reserve military pay. Chapter 1 (Basic Pay) prescribes, in pertinent part, the criteria for determining creditable service for military members; provides examples for computing valid creditable service; and defines periods of service that are not creditable for pay purposes. Paragraph 0102 (Creditable Service), subparagraph 010201 (Service Which is Creditable), section D (Other Creditable Service, with restrictions noted below and in subparagraph 010202.A), in pertinent part, includes periods of service as a member of the Army, Navy, or Air Force ROTC, provided the member has concurrent Selected Reserve (drilling status) for duty performed (emphasis added) on or after August 1, 1979. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military service records should be corrected to show his PEBD is 30 July 1986. 2. Records show the applicant enlisted as a cadet in the USAR ROTC on 30 July 1986 and that he completed the ROTC Basic Course on 23 May 1988. 3. There is no evidence of record that shows the applicant was a member of the ROTC SMP and/or that he was assigned to an ARNG or USAR unit while enrolled in the ROTC Advanced Course. There is also no evidence that he had concurrent Selected Reserve (drilling status) during the period 30 July 1986 through 8 March 1988. As such, the evidence of record does not support the applicant's claim that this period of service qualified as creditable service for pay purposes. 4. He enlisted in the ARNGUS and TXARNG on 9 March 1988 and his PEBD was established as 9 March 1988. 5. He was honorably retired from military service on 28 February 2011 and credited with 22 years, 11 months, and 22 days total service for pay. 6. A computation of his PEBD shows: 2011  02  30 date of separation (adjusted for a 30-day month) -  22  11  22 total service for pay =  1988  03  08 + _ 1 inclusive day =  1988  03  09 PEBD (9 March 1988) 7. Therefore, based on the evidence of record, there is no basis for correcting the applicant's PEBD. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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) AR20150005517 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005517 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1