ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF 

	BOARD DATE:  5 August 2019

	DOCKET NUMBER:  AR20180015982


APPLICANT REQUESTS:

*	to receive active duty service credit for the period he was in Reserve Officers' 
Training Corps (ROTC)
*	promotion to Staff Sergeant (SSG)/ E-6 effective the first date in which promotion 
points fell to 947 points
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	self-authored letter 
*	Memorandum, Subject: 3-Year Army ROTC Scholarship for Active Duty Enlisted 
Personnel for the applicant
*	Board Determination letter, dated 22 June 1999
*	Board’s Memorandum of Consideration 
*	legal review from the Chief of Legal Assistance, Fort Meade, MD
*	Congressional Inquiry
*	Executive Order 11079 (Providing for the Prescribing of the Regulations Under 
Which Members of the Armed Forces and Others May Accept Fellowships, 
Scholarships, or Grants)
*	Department of Defense Military Pay & Allowances (DODPM) 10101 - Service 
Creditable
*	copy of Title 10, US Code, Section 2603 (Acceptance of fellowships, 
scholarships, or grants)
*	excerpt unknown source, named “Part Five (Payment of Service Academy 
Cadets, Midshipmen, Academy Officials, and Aviation Cadets)”
*	

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 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.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR1999024382 on 9 June 1999.

3.  The applicant states: 

*	Army Regulation (AR) 621-7 (Army Fellowships and Scholarships) states 
“[m]embers of the Army are considered to be on active duty while engaged in 
education or training per this regulation” 
*	[Title] 10 US Code, sections 2106 and 2107 does not allow credit for cadet status
*	these rules were enacted in order to provide favor to cadets of the Military 
Academies over ROTC
*	failure to apply AR 621-7 (Title 10 US Code, Section 2603) is severely prejudicial 
and unjust to the relatively small percentage of active duty members who accept 
active duty ROTC scholarships

4.  A review of the applicant’s service record shows the following on: 

*	31 December 1979 – having prior military service, he reenlisted in the Regular 
Army for 3 years in the pay grade E-5
*	8 July 1982 – honorably discharged to enroll in ROTC Scholarship Program, his 
rank appears on his DD Form 214 (Certificate of Release or Discharge from 
Active Duty) as Specialist-Five/ E-5 at the time of separation
*	9 July 1982 – enlisted in the US Army Reserve (USAR) for 6 years in the pay 
grade E-5
*	3 May 1985 – released from ROTC Region Control Group and accepted 
appointment as a Reserve Commissioned Officer 

5.  On 29 July 1982, the applicant contracted as an ROTC Cadet.  DA Form 597-3 
(Army Senior ROTC (SROTC) Scholarship Cadet Contract) executed that day shows he 
agreed to the following: 

*	enlist in the USAR to enroll in the SROTC program, and receive a monthly 
subsistence allowance which will be paid during his enrollment in the SROTC
*	incur under law military obligation of six years unless previously satisfied or 
discharged sooner
*	completion date no later than April 1985
*	upon completion of the ROTC program, he would be appointed as a 
commissioned officer in the Army and serve or participate actively in the military 
service for the period prescribed in the agreement either on active duty, active 
duty for training, in a Reserve component, or in a combination thereof

6.  The applicant provides: 

*	self-authored letter, wherein he states, in pertinent part, the following: 

*	on 11 June 1982, he was awarded a 3-year ROTC Scholarship for Active 
Duty Enlisted Personnel
*	the award letter references AR 145-1 [(SROTC Program: Organization, 
Administration, and Training)] for administrative requirements and procedures
*	AR 145-1 directed he be discharged from active duty, but did not state what 
his proper status should have been while attending advanced training
*	the regulation regarding members who accept Fellowships, Scholarships or 
Grants clearly states that those members are considered to be on active duty 
while engaged in education or training, therefore are entitled to pay and 
allowances
*	paragraph 2-9b of this regulation explains that if an ROTC cadet approved for 
commissioning receives an educational delay, they will not receive financial 
benefits
*	all service members undergo training which is conducted in military service 
schools, but some training is only available from public school
*	only individuals attending ROTC are prevented from receiving credit for their 
period of service while undergoing training while all other service members 
receive service credit while undergoing training
*	he was shocked when he was informed that if he had withdrawn or flunked 
out of college/ ROTC, he’d be ordered to complete not only the remainder of 
his previous enlistment contract, but the additional time spent in the 
scholarship program
*	all of the time he spent in advanced training would have been credited
*	he is being penalized for succeeding in college
*	the reality of the situation is that although his status (active or inactive) is in 
question, he was still under the control of, and contractually obligated to the 
US Army
*	he believes he would have been promoted to E-6 while he was in school
*	at the time of his discharge, he was on the standing promotion list to E-6 with 
947 promotion points 
*	he has not been able to obtain any additional information from the Enlisted 
Records Office in St. Louis due to a past fire
*	his point is that enlisted members who accept ROTC scholarships should be 
assigned to the USAR Control Group (ROTC) in an “active duty for training” 
status as provided for in Army Regulations, public law, and Executive Order 
of the Commander in Chief

*	selection letter which identifies the applicant as being selected to receive a 3-
year scholarship, and wherein he outlines paragraph 3b, which states “the 
scholarship recipient will be discharged from the present enlistment[… which] is 
contingent upon concurrent enlistment in the US Army control Group (ROTC)”
*	letter from the Board explaining his request was denied
*	Board’s Memorandum of Consideration, wherein he petitioned the Board to be 
credited for ROTC as active duty and that his records to show he was promoted 
to E-6 during this time; 9 June1999, the Board denied his request
*	response from Fort Meade’s Legal Assistance Office to the applicant’s request 
for assistance in the previous Board decision to deny his application 
*	Inquiry from Senator J_I_
*	DODPM 10101 (Service Creditable), which states in paragraph r (ROTC), that 
service as a member of the Army ROTC is creditable service as follows: 

*	before 14 October 1964, any member who had concurrent Reserve status
*	after 13 October 1964, an enlisted member who had concurrent Reserve 
status

*	a copy of Title 10, section 2603 (Acceptance of fellowships, scholarships, or 
grants)
*	DODPM 50101 (Entitlement Provisions which covers the law on payment of 
service academy cadets

7.  Army Regulation (AR) 15-185 (ABCMR) states an applicant is not entitled to a 
hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or 
by the Director of the ABCMR.

8.  AR 145-1 (Senior ROTC Program – Organization, Administration, and Training) 
prescribes policies and general procedures for administering the Army's SROTC 
Program.  Enlistment in the USAR for assignment to USAR Control Group (ROTC) is a 
requirement in the advanced course or in the scholarship program.  Such enlistment will 
be made in the grade of cadet.  It further states cadets will retain this grade as an 
enlisted grade in the USAR regardless of any prior military service performed or grade 
advancement policies applicable to enlisted status.

9.  AR 140-158 (Army Reserve Enlisted Personnel – Promotions and Reductions), 
states in paragraph 3-23 that upon entrance in the Army ROTC, members in pay grade 
E4 and below will be promoted to cadet pay grade E5.  There is no provision to 
promoting a Cadet to any pay grade over E5.

10.  Please see additional applicable references below.





BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and policy applicable to ROTC cadets.  The Board considered 
the applicant’s statement, his service record, his ROTC enrollment and status as a 
cadet and policy pertaining to promotions of members of the Reserve Component while 
enrolled in ROTC.  The Board found insufficient evidence to support the applicant’s 
claim for additional active duty service for the period of his time as a Cadet and found 
that the rank he held while a cadet was not in error or unjust.  

2. The applicant's request for a personal appearance hearing was carefully considered. 
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.
3.  After reviewing the application and all supporting documents, the Board found the 
relief was not warranted.


















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:

The applicant's request for a personal appearance hearing was carefully considered. In 
this case, the evidence of record was sufficient to render a fair and equitable decision. 
As a result, a personal appearance hearing is not necessary to serve the interest of 
equity and justice in this case.



	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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 Army Board for Correction of Military Records 
(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.  Army Regulation (AR) 15-185 (ABCMR), the regulation under which this Board 
operations, provides that ABCMR members will review all applications that are properly 
brought before them to determine the existence of an error or injustice, and to direct or 
recommend changes in military records to correct the error or injustice, if persuaded 
that a material error or injustice exists and that sufficient evidence exists on the record.  
The ABCMR will decide cases on the evidence of record; it is not an investigative body.  
The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a 
hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing 
whenever justice requires.

3.  AR 145-1 prescribes policies and general procedures for administering the Army's 
SROTC Program.  Paragraph 3-15 (Enlistment in the USAR) states except as provided 
for the Simultaneous Membership Program (SMP), enlisted in the USAR for assignment 
to USAR Control Group (ROTC) is a requirement in the advanced course or in the 
scholarship program.  

   a.  Such enlistment will be made in the grade of cadet.  It further states cadets will 
retain this grade as an enlisted grade in the USAR (separate from any grade held in the 
corps of cadets at the school) regardless of any prior military service performed or 
grade advancement policies applicable to enlisted status.  This assignment is for control 
purposes only and entitlements for Reserve forces do not apply.  On transfer to other 
than USAR Control Group (ROTC) or order to active duty in an enlisted status, 
applicable grade determination policies govern.
   
   b.  Paragraph 3-17 (Army ROTC/SMP) explains cadets who are members of the 
ARNG or USAR and who are later commissioned through ROTC will not be: 
   
      (1) Credited with Reserve Component service when computing length of service 
for any purpose for the period while enrolled in the advanced ROTC course (Title 10, 
US Code, Section 2106).
      
      (2) Credited with Reserve Component service in computing length of service for 
basic pay entitlement for the period while enrolled in the advanced ROTC course (Title 
37, US Code, Section 205).
      
4.  AR 140-1 (Army Reserve Mission, Organization, and Training) in effect at that time, 
provides policy guidance pertaining to the mission, organization, and training of the 
USAR.  

   a.  It defines a Control Group as an administrative organization established for 
control and statistical accounting purposes.  These groups are composed of individual 
reservists who are not assigned to a troop program unit or as staff and faculty of a 
United States Army Reserve school.
   
   b..  Individual Ready Reserve (IRR) is a collective term to describe non-unit 
members of the Ready Reserve assigned to Control Group (Annual Training), Control 
Group (Reinforcement), Control Group (Mobilization Designee), Control Group (Officer 
Active Duty Obligor), or Control Group (Delayed) (Control Group ROTC, and Delayed 
Entry are not subject to involuntary recall).
   
   c.  Control Group (ROTC) consists of cadets enrolled in the Senior ROTC.  The 
control group is under the administrative jurisdiction of the Commander, ROTC Cadet 
Command and is prescribed by AR 145-1.
   
5.  Army Regulation 140-158 (Army Reserve Enlisted Personnel – Promotions and 
Reductions), Section IV provides for special promotions to pay grades E3 through E9 
for member not on active duty.  Paragraph 3-23 (Special promotion authorized) states 
that upon entrance in the Army ROTC Selected Reserve Simultaneous Membership 
Program and subject to approval by the PMS for enrollment in the program, members in 
pay grade E4 and below will be promoted to cadet pay grade E5.  There is no provision 
to promoting a Cadet to any pay grade over E5.
      
6.  Title 10 US Code, § 2106 - Advanced training; commission on completion: 

   a.  Upon satisfactorily completing the academic and military requirements of the 
program of advanced training, a member of the program who was selected for 
advanced training under section 2104 of this title may be appointed as a regular or 
reserve officer in the appropriate armed force in the grade of second lieutenant or 
ensign, even though he is under 21 years of age.
   
   b.  In computing length of service for any purpose, an officer appointed under this 
section may not be credited with enlisted service for the period covered by his advanced 
training, other than any period of enlisted service performed on or after August 1, 1979, 
as a member of the Selected Reserve.
   



ABCMR Record of Proceedings (cont)	 AR20180015982

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