BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013550 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 BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013550 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. BOARD DATE: 6 October 2016 DOCKET NUMBER: AR20150013550 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 her records to show she received service credit for the 3-years she served in the Reserve Officers' Training Corps (ROTC) as a scholarship cadet. 2. The applicant states: a. She was under contract as an ROTC 3-year scholarship cadet at Southern Arkansas University, Magnolia, AR, under the Third ROTC Region, Fort Riley, KS. As she was under contract to the Army, these years should be included in her retirement pay calculation. b. In March 2015, she contacted Ms. RY, Retirement Point Program Manager, Soldier Programs Services Division, and was informed that she could receive time in service credit for ROTC but she would need a copy of her DA Form 597-3 (Army Senior ROTC Scholarship Contract) and her DD Form 4 (Enlistment/Reenlistment Document). She does not have these forms. c. In accordance with her email correspondence with Ms. RY, she sent two written requests to the National Personnel Records Center (NPRC) and made several phone calls to them. However, the NPRC does not retain copies of ROTC records. She did as she was instructed in the correspondence from the NPRC and contacted the U.S. Army Human Resources Command (HRC) and was told their records are maintained for 10 years. Southern Arkansas University stated there were no records prior to 1980. She is providing correspondence to show this and that shows she was an ROTC cadet at Southern Arkansas University from August 1974 until she graduated as Distinguished Military Graduate in December 1978. d. Orders 63-486 show she was a scholarship cadet. Other than this, she is unable to provide any further proof that she was under contract as a 3-year scholarship recipient. She does remember that the oath on the contract stated something to the effect that she swore to be an officer and gentleman. They did not have many female scholarship recipients at that time and she found this to be comical. She will be eligible for retired pay in April 2016 and would appreciate it if her request could be reviewed as soon as possible. 3. The applicant provides: * three orders, dated between 25 April 1977 and 22 November 1978 * four certificates, one undated and three dated between 15 July 1977 and 22 December 1978 * U.S. Department of Labor Federal Employee's Notice of Injury form, dated 11 August 1977 * U.S. Department of Labor Request for Examination and/or Treatment form, dated 11 August 1977 * four memoranda, dated between 11 August 1977 and 21 January 1999 * six letters, dated between 11 October 1977 and 29 July 2015 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 14 September 1977 * DD Form 220 (Active Duty Report), dated 18 January 1979 * college transcript, issued 19 March 1992 * DA Form 5016 (Chronological Statement of Retirement Points), dated 21 December 2006 * three pages of email, dated between 4 and 17 March 2015 CONSIDERATION OF EVIDENCE: 1. The applicant was born on 15 April 1956. She provides: a. Orders 63-486 (Scholarship Cadet), dated 25 April 1977, issued by Headquarters (HQ), U.S. Army Third ROTC Region, authorizing her to travel at Government expense to attend ROTC advanced camp with a report date of 9 June 1977. b. A certificate, dated 22 December 1978, certifying that she successfully completed 4 years of instruction in the Senior ROTC on 19 May 1978 given at Southern Arkansas University. c. A certificate, dated 22 December 1978, issued by HQ, U.S. Army Third ROTC Region, she was awarded on that date for being the ROTC Distinguished Military Graduate. 2. She was appointed as a Reserve second lieutenant in the U.S. Army Reserve (USAR) on 22 December 1978 and executed an Oath of Office on that date. She served continuously as a member of the USAR in various positions of increased responsibility and throughout several periods of active duty service. On 28 March 1998, she was promoted to lieutenant colonel (LTC)/O-5. 3. On 27 January 1999, by memorandum, the USAR Personnel Command issued her a Twenty-Year Letter. This memorandum notified her that she had completed the required years of service and would be eligible for retired pay upon application at age 60. 4. On 21 December 2004, she was honorably released from the USAR in the rank of LTC. 5. On 21 October 2015, the applicant completed DD Form 108 (Application for Retired Pay Benefits) wherein she listed service as an ROTC scholarship cadet from September 1975 to 22 December 1978. 6. On 15 April 2016, the applicant turned 60 years of age and was placed on the Retired List. Her DA Form 5016, dated 20 September 2016, shows she was credited with 26 years of qualifying service for non-regular retired pay. 7. There is no evidence in her records that shows while in ROTC she enlisted in a simultaneous membership program (SMP) and had concurrent drilling status. 8. In the processing of this case, an advisory opinion was received on 16 May 2016 from the Chief, Reserve Component (RC) Retirements Branch, HRC. The advisory official stated: a. The RC Retirements Branch reviewed the applicant's records and determined that the ROTC time of 3 years was not in the SMP. Therefore, this time will not be counted toward retirement points or qualifying years. b. Army Regulation (AR) 140-185 (Training and Retirements Point Credit), chapters 1 - 3, and Department of Defense Instruction (DODI) 1215.7, dated 15 October 1993, explains the criteria a Reserve Soldier participating in the ROTC program must meet to have their time credited for retirement. It was their opinion the applicant should not be allowed to add the 3 years of ROTC to her DA Form 5016 based on the fact that it is not considered to be credible time for a non-regular retirement. 9. On 18 May 2016, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal; however, no response was received. REFERENCES: 1. The ROTC/SMP was established on 1 August 1979. AR 601-210 (Regular Army and Army Reserve Enlistment Program) then in effect prescribed the policy and procedures for administering the ROTC/SMP. Chapter 10 described the ROTC/SMP as a voluntary officer training program designed to increase the number of ROTC officers available to Reserve duty and provides the future officers with Reserve troop program unit experience. The program allowed qualified enlisted personnel to enter the advanced ROTC course and to serve in the USAR in the enlisted pay grade attained. Upon successful completion, the individual was required to volunteer for commissioning to the ROTC Early Commissioning Program. 2. AR 140-185 provides the policy for training and retirement point credits for members of the USAR. Paragraph 1-3 states that only Ready Reserve Soldiers (other than ROTC and Delayed Entry Control Group Soldiers) and Active Standby Reserve are authorized retirement point credit. The exclusion of ROTC service, potential participants in the ROTC/SMP are authorized retirement points and to be paid for drills in the grade and years of service attained. Participants in the ROTC/SMP enrolled in the Advanced ROTC Course are authorized retirement points credit and pay for drills until commissioned. Points and service time while in the advanced course are then removed. This regulation further provides that a qualifying retirement year is a full 12-month period in which a Soldier is in an active status and earns a minimum of 50 retirement points. A qualifying partial retirement year is a period less than 12 months in which a Soldier is in an active status and earns the minimum number of retirement points as designated in the pro-rated tables. 3. The DOD Financial Management Regulation provides military pay policies and guidance on creditable service and periods of service that are not creditable. Service creditable for retirement points or pay excludes any period of service performed after 12 October 1964 and before 1 August 1979 by commissioned officers in the ROTC. DISCUSSION: 1. The applicant contends she should be credited with 3-years of service as an ROTC scholarship cadet from September 1975 to 22 December 1978 towards her non-regular retired pay. 2. The evidence of record confirms the applicant served as a commissioned officer in the USAR from 22 December 1978 to 21 December 2004 and was properly credited with 26 years of qualifying service for non-regular retired pay. 3. While she may have been an ROTC cadet from August 1974 until December 1978 and a scholarship cadet for 3 of these years, by law and regulation, any service performed by a commissioned officer in the ROTC after 12 October 1964 and before 1 August 1979, even if such member held concurrent Reserve status, is not creditable service for retirement points or pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013550 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013550 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2