ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 November 2019 DOCKET NUMBER: AR20170011452 APPLICANT REQUESTS: in effect, would like for his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Reserve Officers Training Corps (ROTC) Basic Camp active duty training time (32 days). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 108-8, dated 16 June 1980 (ROTC Basic Camp) * Washington State University College Transcripts FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he served on active duty while attending Army ROTC training at Fort Knox, Kentucky in 1980. This active time (32 days) was not reflected on his DD Form 214. He is preparing to retire from federal service. He has bought back all his military time for retirement purposes including the 32 days of active duty for ROTC training. When he received his Estimate of Retirement Earnings, his ROTC active duty service was not reflected. Upon review, he discovered the ROTC service time was not reflected on his DD Form 214. He is requesting his official record include all of his active duty service time, including his time as a Cadet. His record needs to reflect all periods of active duty, to include service from 7 July 1980 through 7 August 1980. He is enclosing his military orders, dated 16 June 1980, that assigned him to Fort Knox, Kentucky for ROTC Basic Camp. He is also enclosing a copy of his college transcript from Washington State University, showing completion and course credit for the ROTC Basic Camp under 'Summer Camp' for Military Science 205. He kept pay stubs for decades for this service, but after moves he no longer in possession of them pay stubs. 3. The applicant provides: * Orders 108-8, dated 16 June 1980 (ROTC Basic Camp) with report date of 7 July 1980 to attend ROTC Basic Camp * Washington State University College Transcripts, dated 4 June 1983 4. A review of the applicant’s service record shows the following: a. On 16 June 1980, Headquarters, United States Army Fourth ROTC Region Fort Lewis, Washington 98433, issued Orders 108-8, ordering him to active duty with report date of 7 July 1980 to Fort Knox, Kentucky. He received a Certificate of Training showing he has successfully completed ROTC Basic Summer Camp, dated 13 August 1980. b. He enlisted in the Regular Army on 19 April 1984. His DA Form 2-1 (Personnel Qualification Record) reflects his basic enlisted service date as 22 March 1984. 5. On 23 July 1996, the applicant was discharged from active duty in the rank/grade of staff sergeant/ E-6. His DD Form 214 shows he was separated in accordance with chapter 18 (Failure to Meet Body Fat Standards) of Army Regulation (AR) 635-200 (Personnel Separation – Enlisted Personnel) with an honorable character of service. It also shows he completed 12 years, 3 months and 5 days net active service this period. Block 12e (Total Prior Inactive service) reflects 27 days. 6. By regulation, the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The applicant’s active service was continuous and his DD Form 214 already lists the period of continuous honorable service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined the requested relief was not warranted. Based upon the justification given by the applicant for the additional 32 days, the Board found that because the applicanted completed this duty while in ROTC, the applicant remained in a Reserve status; thus this duty is not appropriate for inclusion on a DD Form 214 (only active duty status is captured on a DD Form 214). Additionally, based upon regulatory guidance stating 90 days of continuous active duty is required to generate a DD Form 214, the Board found the applicant failed to meet the 90 day requirement. For the reasons stated upon the Board recommended denying the applicant’s request. However the Board did note that the applicant did have an additional day of prior inactive service while serving in the delayed entry program, so the Board found the current entry an error which warranted correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board did note that the applicant's current entry of prior inactive service was entered in error. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing Item 12e to read “0000 00 28”. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-8 (Separations Processing and Documents), currently in effect, The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of REFRAD, retirement, or dis-charge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Block 18: Remarks. Use this block for HQDA mandatory requirements when a separate block is not available; as a continuation for entries in blocks 9, 11, 13, and 14; or for conditional entries as listed below: (r) For Soldiers who have cadet status, enter “BLOCK 12C INCLUDES SERVICE AS USMA CADET FROM (date) TO (date). SERVICE IS NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS.” 3. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records Headquarters Department), currently in effect, this regulation contains Army policy for U.S. Army Reserve (USAR) training and retirement point credit. It also prescribes guidance for USAR unit level strength accounting. a. Retirement point credit is authorized for— (1) Reserve Component (RC) in active Service Ready Reserve (RR). (2) RC in an active status as defined in 10 USC 10141. This includes Servicemembers in a Delayed Entry Program (DEP) established by 10 USC 513. This service is credited toward non-regular retirement since it is service in an active status as a member of the RR. (3) Reserve Officer Training Corps (ROTC)/Simultaneous Membership Program (SMP), DEP Soldiers, RR Soldiers in an active status and active Standby Reserve Soldiers. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170011452 3 1