IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20160009541 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20160009541 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20160009541 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 removal of a DA Form 785 (Record of Disenrollment from Officer Candidate – Type Training) from his official military personnel file (OMPF). 2. The applicant states: a. after the appeal of his disenrollment from the Reserve Officers? Training Corps (ROTC), the Commanding General (CG), ROTC Cadet Command (ROTCCC) decided it was in the Army’s best interest to reinstate him in the ROTC and allow him to commission; b. he is now a commissioned officer and, having reviewed his record regularly, he recently discovered the DD Form 785 was included in his OMPF; and c. the DD Form 785 was: * prepared on a matter that was reviewed and favored by the CG, ROTCCC * could potentially hurt his career * serves no purpose for its inclusion in his OMPF 3. The applicant provides a memorandum dated 2 November 2015 in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard of the United States on 20 April 2011 for a period of 8 years, of which 6 years were to be served in a Troop Program Unit (TPU), and the remaining 2 years in the Individual Ready Reserve. 2. On 14 September 2012, the applicant executed a DA Form 597 (Army Senior Reserve Officers? Training Corps Non-scholarship Cadet Contract). He was enrolled at the University of Southern Mississippi as a full-time student starting on 22 August 2012. His projected completion date was 15 May 2015. 3. On 14 August 2015, the Professor of Military Science, University of Southern Mississippi, submitted a DD Form 785. The applicant was disenrolled from the ROTC Program based on a condition or fact barring his appointment as a commissioned officer for a ?civil conviction waiver disapproval.? He marked the number five block (Definitely Not Recommended) in Section IV (Evaluation to Be Considered in the Future for Determining Acceptability for Other Officer Training). 4. On 12 January 2016, the MSARNG honorably discharged him for the purpose of enlistment in another component of the U.S. Armed Forces. On 13 January 2016, he was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed his oath of office. 5. The applicant provides a memorandum from the CG, ROTCCC, dated 2 November 2015. It shows after reconsideration of the applicant’s case, the CG decided: * to reverse her previous decision to disenroll the applicant from the ROTC Program * approve a civil conviction waiver for driving under the influence to allow the applicant’s full participation in the ROTC Program * it was in the best interest of the Army to retain the applicant and allow his eventual commission as an officer in the U.S. Army REFERENCES: 1. AR 145-1 (Senior Reserve Officers’ Training Corps Program Organization, Administration and Training) provides, in part, that a non-scholarship cadet may be disenrolled by the PMS. a. Paragraph 3-3b(3) states that a student who has a pre-trial diversion for a felony, any civil conviction, an adverse adjudication or any type of court-martial conviction even though the record may have been sealed or expunged, are ineligible for enrollment in the basic and advanced ROTC programs, unless a waiver is granted. b. Paragraph 3–39 provides for the termination of a scholarship and disenrollment. It states the CG, ROTCCC, is the approving authority for termination of a scholarship and/or disenrollment. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management (AMHRR)) provides policies, operating tasks, and steps governing the AMHRR. The AMHRR is an administrative record as well as the official permanent record of military Service belonging to a Soldier. Table B-1 is a compilation of all forms and documents which have been approved by Department of the Army for filing in the AMHRR and/or iPERMS. Table B-1 provides instructions regarding the filing of documents in the OMPF. The Army Personnel Records Division (APRD) updates the list of Authorized Documents for filing in the AMHRR quarterly. A review of the web based list of Authorized Documents shows the DD Form 785 is filed permanently in the Service record of the Soldier’s AMHRR (OMPF). DISCUSSION: 1. The applicant contends removal of a DA Form 785 (announcing his disenrollment from the ROTC program) from his OMPF is necessary because the CG, ROTCCC, favorably considered his appeal and allowed for his reinstatement into the ROTC Program. 2. The evidence of record confirms the CG initially disapproved a waiver of the applicant’s civil conviction, which required his disenrollment from the ROTC Program. The CG, ROTCCC, subsequently reconsidered her original decision, waived his civil conviction, and reinstated him. He is now a second lieutenant. 3. By regulation, the applicant?s DD Form 785 is required to be permanently filed in his OMPF. He has provided no evidence showing this form was erroneously or unjustly prepared and filed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009541 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009541 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2