PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 June 1999                  
	DOCKET NUMBER:   AR1998014029

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Gary C. Miller		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his Pay Entry Basic Date (PEBD) be adjusted to account for participation in the Simultaneous Membership Program (SMP) while enrolled in Senior ROTC.

3.  The applicant’s military records show that he enlisted in the Army National Guard on 20 November 1979 under a ARNG/ROTC SMP agreement while he was enrolled as a Cadet in ROTC at the Citadel, Charleston, South Carolina.  He enrolled in Advanced ROTC on 6 September 1980 at which point the he was entered into the SMP program.  He was discharged from the ARNG and the SMP program on 14 May 1982 and commissioned as a 2nd Lieutenant on 15 May 1982.  The applicant was medically retired 18 March 1986.

4.  The period of SMP service was 6 September 1980 to 14 May 1982 which is 
1 year 8 months 9 days.  The applicant's current PEBD is 810806.

5.  Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of the law to provide service credit to officers commissioned from the ROTC Advanced Course program who also participated in the Simultaneous Membership Program (SMP), retroactive to 1 August 1979 when the SMP began. The revisions will result in no increase in pay, retired or retainer pay before the date of enactment of this law, 23 September 1996.  If the credit results in a higher basic pay due to a change in PEBD, the effective date of the increase will be 23 September 1996.  Time in reserve programs prior to entry in to the SMP is not creditable under this provision.  For officers commissioned from ROTC, time enlisted in the ROTC Advanced Course is not creditable under this provision.  The SMP service credit affects only the PEBD for pay purposes.  It does not affect the Basic Active Duty Date (BASD) or Basic Date of Appointment for officers or date of rank for officers.

CONCLUSIONS:

1.  The applicant served in the ROTC SMP program for 1 year 8 months 9 days and according to law should have his PEBD amended from 810806 to 791127 and his retired pay should be adjusted for this new PEBD effective 23 September 1996.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  changing his PEBD from 810806 to 791127 to account for ROTC/SMP service; and

	b.  adjusting his retired pay as applicable based on this new PEBD effective 23 September 1996.

BOARD VOTE:  

_rvo____  _gcm____  _clg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor_____
		        CHAIRPERSON

INDEX

CASE ID	AR1998014029	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990624	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.