PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            30 June 1999      
	DOCKET NUMBER:   AR1999022013

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		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 his military service be recomputed. 

3.  The applicant states that a recomputation of his service would change his pay grade to 0-3E and add several months of credit to his total record of service.

4.  The applicant’s military records show that he served in the Navy on active duty from 18 July 1975 until his release from active duty on 17 April 1979 and transfer to the Naval Reserve.  He had 3 years and 9 months of active duty.
 
5.  An Army National Guard Retirement Credits Record (NGB Form 23) shows that the applicant had 8 days of active duty during the period 4 May 1979 to        3 May 1980; and 7 days of active duty from 4 May 1980 to 3 May 1981.  He was discharged from the Alabama Army National Guard on 3 May 1981.   

6.  On 12 April 1982 the applicant enlisted in the Alabama Army National Guard for 2 years in pay grade E-5.  On 28 October 1982 the applicant signed a contract enrolling in the ROTC Advanced Course at the University of South Alabama, and on the basis of that contract he was enrolled in the advanced course effective 22 September 1982.  

7.  A NGB Form 23 shows that the applicant served on active duty for a total of 87 days - 15 days from 12-26 June 1982; 15 days from 6-20 August 1983;        51 days from 6 June-16 July 1984; 15 days from 8-22 September 1984; and       1 day on 17 November 1984.   He was discharged from the Alabama Army National Guard on 13 December 1984.  On 14 December 1984 the applicant was appointed a Reserve commissioned officer of the Army in the grade of second lieutenant.

8.  The applicant was ordered to active duty with a reporting date to Fort Huachuca, Arizona on 12 June 1985. 

9.	The applicant was promoted to Captain, pay grade 0-3 on 1 January 1990.       
10.  On 31 August 1996 the applicant was released from active duty in the grade of Captain, 0-3 at Fort Hood, Texas.  The reason for his separation was voluntary early retirement.  His DD Form 214 shows that he had 11 years, 2  months, and 19 days of active service since 12 June 1985, the date he entered on active duty as a Reserve officer; and 3 years and 10 months of prior active service. 

11.  A DA Form 7301-R, used in computing the applicant’s service for retirement, shows credit for 3 years and 9 months of active enlisted service that he spent in the Navy; and shows 1 month of active enlisted service during the period            4 May 1979 through 21 September 1982; for a total of 3 years and 10 months of prior active service.  That form, however, does not credit  the applicant with his active duty service after he enrolled in the ROTC Advanced Course, a total of     1 month and 12 days.  

12.   In the processing of this case an advisory opinion was obtained from the Army Reserve Total Personnel Command at St. Louis.  That official opined that the applicant’s service in the SMP should be creditable for all purposes. 

13.  Public Law 104-210, Section 507, concerning service credit for senior ROTC cadets in the simultaneous membership program (SMP), amended Title 10 section 2106© to state in effect, that in computing length of service for an officer commissioned on completion of advanced training, no credit will be awarded for enlisted service for the period covered by his advanced training, other than any period of enlisted service performed on or after August 1, 1979, as a member of the Selected Reserve.  That section, however, included the caveat that no increase in pay or retired or retainer pay would accrue for periods before the date of the enactment of that act, by reason of the amendments made by that section.

CONCLUSIONS:

1.  The applicant served in the SMP from 22 September 1982 until his discharge from the Alabama Army National Guard on 13 December 1984 for the purpose of accepting a commission in the Reserve.  Consequently, he did serve as a member of the Selected Reserve after 1 August 1979.  His record should reflect that service.  

2.  He is, however, not entitled to any retroactive pay or an increase in his retired pay because of this service, in accordance with the provisions of the aforementioned law, notwithstanding the advisory opinion from the Army Reserve Personnel Command. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant served in the Simultaneous Membership Program as a member of the Army National Guard from 22 September 1982 until his discharge on 13 December 1984.  

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

BOARD VOTE:  

___gdp__  ___aao__  ___jpi__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022013	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990630	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 135.02		
2.  128.00		
3.  129.00		
4.		
5.		
6.