2.  The applicant requests, in effect, that his pay entry basic date (PEBD) be adjusted due to his membership in the Simultaneous Membership Program (SMP).

3.  The applicant’s military records show he was born on 2 August 1953.  On    14 June 1971, he enlisted in the Regular Air Force and was discharged on       29  October 1979.  On 10 January 1980, he enlisted in the U.S. Army Reserve (ROTC).  On 21 January 1980, he enlisted in the Louisiana Army National Guard under the Simultaneous Membership Program.  On 14 May 1982, he was ordered to active duty as a second lieutenant.  On 31 August 1994, he retired from the Regular Army, in pay grade O-4, after 20 years of creditable active federal service (20 years, 10 months and 10 days for basic pay).

4.  Public Law 104-201, section 507, dated 23 September 1996, amended the provisions of the law to provide service credit for the SMP retroactive to 1 August 1979, when SMP actually began.  The revisions will result in no increase in pay, retired or retainer pay before the date of enactment, 23 September 1996.  If the credit results in a higher basic pay due to a change in the PEBD, the effective date of the increase will be 23 September 1996.

5. Message 161200Z Jan 97, DA Washington DC//DAPE-MPO-S// Subject:  Service Credit for Senior ROTC Cadets and Midshipmen in the Simultaneous Membership Program (SMP), provided policy guidance and authority to recompute the PEBD based on service credit under the SMP.

6.  Phone conversation between this Board and DAPE-MPO-S verified that the basic active service date is not affected by this policy.

CONCLUSIONS:

1.  Evidence in the records shows that the applicant served 2 years, 3 months and 23 days in the SMP. 

2.  The applicant meets the eligibility requirements to have his membership time in the SMP credited towards his PEBD.

3.  In view of the foregoing, it would be proper and in the interest of justice to correct the applicant’s records as recommended below.




RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that:

    a.  the applicant retired with 23 years, 2 months and 3 days of service for basic pay; 

    b.  the applicant’s retired pay be increased to reflect his adjusted PEBD effective 23 September 1996; and

    c.  the applicant receive any back retired pay due him from 23 September 1996 onward because of this adjustment.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




                                                                                                                    
						    CHAIRPERSON