PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           11 February 2000                  
	DOCKET NUMBER:   AR1999026404

	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:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		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.  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 his PEBD should be 20 February 1988 based on his participation in the SMP.

4.  The applicant’s military records show that he enlisted in the Army National Guard for 8 years in pay grade E-3 on 20 February 1988.  He was ordered to active duty for training (ADT) in June 1988 and completed his training at Fort Benning, Georgia on 12 August 1988, returning to his Army National Guard unit in Kent, Washington.  His DA Form 2-1 (Personnel Qualification Record) shows that on 26 September 1988 he was in ROTC and in the SMP.  

5.  The applicant enrolled in the senior ROTC program advanced course on       26 September 1988.  His SMP agreement was confirmed on 8 January 1989 by his National Guard unit commander.

6.  The applicant was discharged from the Army National Guard and as a Reserve on the Army in the rank of Sergeant, effective 8 June 1990 in order to accept an appointment as a commissioned officer.  His NGB Form 22 (Report of Separation and Record of Service) shows that he enlisted in the Army National Guard on 20 February 1988 and was a member of the SMP from                       26 September 1988 to 8 June 1990.     

7.  The applicant served on active duty as a commissioned officer in the Army from 9 June 1990 to 31 May 1998.  He was discharged on that date in the rank of Captain at Fort Carson, Colorado.  A 7 May 1998 Statement of Service – For Computation of Length of Service for Pay Purposes, shows that he entered the Army National Guard on 20 February 1988 served continuously until his entry on active duty as a commissioned officer, with the time from 26 September 1988 until 8 June 1990 as a member of the SMP.  His PEBD on this statement is shown as 20 February 1988.

8.  The applicant’s leave and earning statement for the period 1-30 April 1998 shows his PEBD as 4 November 1989.  A computation of his service based on this PEBD indicates that the time that he served in the SMP was not counted.

9.  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 enlisted in the Army National Guard on 20 February 1988, continued to serve in that component, becoming an SMP member on                26 September 1988 concurrent with his enrollment in the ROTC advanced course.  He served as an SMP member until his appointment as a commissioned officer on 9 June 1990.  He continued his service until his discharge on              31 May 1998.  Essentially, he had continuous service from 20 February 1988, and that date should be his PEBD.  

2.  Accordingly, his PEBD should be changed to 20 February 1988, and the applicant 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 showing that the applicant’s PEBD is 20 February 1988, and that he should receive all due pay and allowances based on this adjusted PEBD; that is, by giving him any difference in pay that this correction will necessitate, which became due on or after 23 September 1966. 

BOARD VOTE:  

___gdp__  ___mkp__  ___tbr__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026404	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000211	
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	112.09	
2.		
3.		
4.		
5.		
6.