PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            28 October 1998
	DOCKET NUMBER:   AC98-10474

	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. W. E. Schnupp.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor		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 that he be given credit for his participation in the  Simultaneous Membership Program (SMP) in a USAR unit while he was enrolled in the Reserve Officer Training Corps (ROTC) advanced course.

3.  The applicant states that he was enrolled in the SMP at the same time he attended ROTC and should receive service credit for this dual membership in accordance with Public Law 104-201.  In support of his request, he has provided copies of his leave and earnings statements while he was in the USAR, his ROTC Student Contract, his USAR Enlistment Contract and his DD Form 214.

4.  The applicant’s military records show that he enrolled in the ROTC advanced course and the SMP effective 20 October 1981.  He was commissioned on       20 July 1983 and was ordered to active duty on 11 October 1983.  Considering his prior enlisted service, his pay entry basic date (PEBD) was 19 October 1975.

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, 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.  The SMP service credit affects only the PEBD for pay purposes.  It does not affect the Basic Active Service Date (BASD) or Basic Date of Appointment for officers or date of rank for officers.

CONCLUSIONS:

1.  The applicant was simultaneously enrolled in the SMP and the ROTC advanced course from 20 October 1981 to the date on which he was commissioned, 20 July 1983.  Therefore, in accordance with PL 104-201, his PEBD should be adjusted to 18 January 1974 in recognition of the time spent in the SMP.

2.  Furthermore, in accordance with the retroactive pay provisions of the PL, he should receive all back pay due him for this adjustment in his PEBD.

3.  In view of the foregoing, the injustice in 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 by;
a.  showing that the PEBD for the individual concerned is 18 January 1974; and

b.  paying to him all back pay due in accordance with PL 104-201.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON