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

3.  The applicant’s military records show he had prior enlisted service in the Regular Army and Army Reserve.  Evidence in the records show he was enrolled in the SMP on 18 August 1983 and remained in the program until 6 May 1985, when he enlisted in the Tennessee Army National Guard.  On 16 May 1986, he was ordered to active duty as a second lieutenant.  On 30 April 1997, he took an early retirement from the Regular Army, in pay grade O-3, after 15 years and     21 days of creditable active federal service.

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 even if the individual attended active duty for training while in the program.

CONCLUSIONS:

1.  Evidence in the records shows that the applicant served 1 year, 8 months and 18 days in the SMP. 

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

3.  It also appears that the applicant’s total prior inactive service was computed incorrectly at the time of his retirement.  He should have been credited with         4 years, 9 months and 15 days of total prior inactive service.

4.  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 21 years, 6 months and 24 days of service for basic pay; 

    b.  the applicant’s retired pay be increased effective 1 May 1997 because of this adjustment; and

     c.  the applicant receive any back active duty pay due him for the period
23 September 1996 to 30 April 1997.

BOARD VOTE:

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                                                                                    
						    CHAIRPERSON