PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 December 1998                   
	DOCKET NUMBER:   AC98-12296

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 her records be corrected to give her credit for time served in the Simultaneous Membership Program (SMP)

3.  The applicant states that her pay entry basic date (PEBD) needs to be corrected.

4.  The applicant’s military records show that after having had prior enlisted service in the U. S. Air Force, U. S. Army Reserve and Army National Guard, she was assigned as an officer trainee for participation in the Reserve Officer Training Corps (ROTC)/SMP on 17 July 1980.  She was appointed a second lieutenant in the U. S. Army Reserve on 22 December 1981.  She was assigned to the Retired Reserve on 19 July 1996.

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. Messages 161200Z Jan 97 and 071831Z Feb 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 and change the Retirement Point Account 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 meets the eligibility requirements to have her Retirement Point Account changed, and therefore her PEBD adjusted, to reflect her time in the SMP.

2.  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 changing the applicant’s Retirement Points Account to show service in the SMP from 17 July 1980 through 21 December 1981 and to adjust her PEBD accordingly.

BOARD VOTE:  

JH____  FNE_____  TBR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12296	
SUFFIX		
RECON		
DATE BOARDED	19981209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.