PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           19 April 2000                   
	DOCKET NUMBER:   AR1999026232

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		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.  In effect, the applicant requests that his PEBD (pay entry basic date) be changed to reflect service credit under the simultaneous membership program (SMP) and that he receive any pay and allowances based on this change. 

3.  The applicant states that he served simultaneously in the Army Reserve and as a senior ROTC cadet from 10 January 1981 to 13 August 1982, but did not receive service credit for this period because the regulation at that time did not allow it.  The law has since changed allowing credit for service in the SMP.

4.  The applicant’s military records show that he was discharged from the Army on 9 January 1981 in the rank of Staff Sergeant at Fort Stewart, Georgia.  He had over 7 years of active service, and 12 days of inactive service.  The next day, on 10 January 1981, he enlisted in the Army Reserve for 3 years, and on    19 January 1981 he was reassigned from the Army Reserve Control Group (Reinforcement) to the 345th Military Police Company.  On that same date,        19 January 1981, he enrolled in the senior Army ROTC program advanced course. 

5.  The applicant was discharged from the Army Reserve and appointed a Reserve commissioned officer on 13 August 1982.  The applicant entered on active duty on 19 September 1982 and remained on continuous active duty until his voluntary early retirement on 31 August 1993.  He retired in the rank of Captain and had 18 years, 1 month, and 9 days of service. 

6.  DA message of 16 January 1997 implemented the provisions of Public Law 104-201, section 507, dated 23 September 1996, which amended the provisions of the law to provide service credit for the SMP retroactive to 1 August 1979, when SMP actually began.  However, that revision does not result in an increase in pay, retired or retainer pay before the date of the enactment,                            23 September 1996.  The message did say that if the credit results in a higher basic pay due to a change in the PEBD, the effective date of the increase would be 23 September 1996.  Officers who have separated from active duty and are entitled to the service credit should apply to this Board, providing a copy of the SMP contract, commissioning orders, Statement of Service for Computation of Length of Service for Pay Purposes, and DD Form 214.   

CONCLUSIONS:

1.  The applicant’s statement of service for computation of pay is not available; however, it is apparent that the applicant served in the SMP from                        19 January 1981, the date he was assigned to the 345th MP Company and the date that he enrolled in the senior ROTC advanced course, until 13 August 1982 the date he accepted a commission in the Army Reserve, for a total of 1 year,     6 months, and 23 days in the SMP.

2.  The applicant’s PEBD is unknown.  However, the applicant should be given    1 year, 6 months, and 23 days credit for his service in the SMP and his PEBD should be adjusted accordingly.  He should receive all pay and allowances due based on the adjusted PEBD.   

3.  In view of the foregoing, 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 adjusting the applicant’s PEBD by 1 year, 6 months, and 23 days because of his service in the SMP from 19 January 1981 to 13 August 1982; and that he  receive all due pay and allowances based on his adjusted PEBD; that is, by giving him any difference in pay that the correction will necessitate, which became due on or after 23 September 1996.

BOARD VOTE:  

___eja___  ___vbc__  ___jph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026232	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000419	
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.  231	135.00	
2.	128.00	
3.		
4.		
5.		
6.