PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-12157

	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. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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 due to his membership in the Simultaneous Membership Program (SMP).  He has been trying since January 1997 to adjust his PEBD by an additional 3 years, 5 months and 23 days, but he retired before it could be done.

3.  The applicant’s military records show that he had prior enlisted service in the Regular Army from 30 July 1973 – 27 July 1979.  He enlisted in the Army National Guard on 2 August 1979.  On 1 January 1980, he was reassigned to a U. S. Army Selected Reserve unit and on 14 January 1980 he enrolled in the Senior Reserve Officer Training Course (ROTC).  On 20 February 1982, he enrolled in the Simultaneous Membership Program.  On 8 July 1983, he was commissioned a second lieutenant in the U. S. Army Reserve.  On 31 October 1997, he retired from the Regular Army, in pay grade O-4, after over 20 years of creditable active federal service (20 years, 9 months and 2 days for pay).

4.  The ROTC/SMP is a voluntary officer training program designed to increase the number of ROTC officers available for Reserve Forces Duty.  Subject to limitations, it permits an ROTC cadet to train in the ROTC Advanced Course while simultaneously participating as an officer-trainee in paid training assemblies with a U. S. Army Reserve troop program unit.  To be eligible for ROTC/SMP participation, a cadet must be enrolled in the ROTC Advanced Course nonscholarship program; be assigned to a verified officer-trainee position in a TPU; meet the Army body composition/weight control standards; and agree to volunteer for commissioning under the provisions of the ROTC Early Commissioning Program on successful completion of the ROTC Advanced Course.

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. The applicant claims 3 years, 5 months and 23 days of service in the SMP.  There is evidence in the records to show he was assigned to a Selected Reserve unit prior to and during his time in the Senior ROTC; however, he did not sign DA Form 4824, Simultaneous Membership Agreement, until 20 February 1982.  He provides no other evidence to show he met all the eligibility criteria for SMP enrollment prior to this date.

2.  The applicant meets the eligibility requirements to have his membership time in the SMP from 20 February 1982 – 7 July 1983 (1 year, 4 months and 18 days) 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:

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

    a.  that the applicant retired with 22 years, 1 month and 20 days of service for basic pay; 

     b.  that the applicant receive back active duty pay and allowances for the period 23 September 1996 – 31 October 1997 due him because of this adjustment; and

     c.  that the applicant’s retired pay be increased effective 1 November 1997 and he receive any back retired pay due him because of this adjustment.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

GDP    CLA    RWG    GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                                                                                    
						    CHAIRPERSON

INDEX

CASE ID	AC98-12157	
SUFFIX		
RECON		
DATE BOARDED	19981124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.