PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 November 1998                   
	DOCKET NUMBER:   AC98-11832

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		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 receive back pay for the period 23 September 1996 until 16 May 1997 due to his membership in the Simultaneous Membership Program (SMP).  He states he submitted the paperwork to his unit in April 1997 but it apparently was not processed prior to his separation in May 1997.

3.  The applicant’s military records show he entered the Delayed Entry Program on 20 December 1983, enlisted in the Regular Army on 24 July 1984, and was relieved from active duty on 23 July 1986.  He enlisted in the Army National Guard on 12 August 1987 and entered the Simultaneous Membership Program  on 25 November 1987.  He was commissioned a second lieutenant in the U. S. Army Reserve on 10 June 1989 and was ordered to active duty on 19 November 1990.  On 16 May 1997, he was relieved from active duty, in pay grade O-3, after 8 years, 5 months and 28 days of creditable active service (13 years,           4 months and 27 days for basic pay).

4.  The DA Form 1506 prepared upon his separation and his DD Form 214 show that his time in the SMP was computed into his record of service.

5.  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.

6.  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.

7.  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 1 year, 6 months and 15 days in the SMP. 

2.  The applicant meets the eligibility requirements to have his membership time in the SMP credited towards his PEBD and this time was computed into the record of service block of his DD Form 214.  

3.  The Public Law authorizing credit for the SMP was passed in September 1996, Department of the Army’s implementing message was sent to the field in January 1997 and the applicant submitted his paperwork to his unit in April 1997, too late for it to be processed prior to his separation in May 1997.  

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 paying the applicant any back pay due him from 23 September 1996 until his date of separation on 16 May 1997 based upon his membership in the SMP.

BOARD VOTE:

FNE  TAP  BJE  GRANT AS STATED IN RECOMMENDATION

________ GRANT FORMAL HEARING

________ DENY APPLICATION

                                                                                                                    
						    CHAIRPERSON