PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            19 April 2000                  
	DOCKET NUMBER:    AR1999028641

	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. Walter Avery, Jr.		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.  The applicant requests that he be given credit for his participation in the Simultaneous Membership Program (SMP) in a USAR unit while he was enrolled in the Reserve Officer Training Corps (ROTC) advanced course.

3.  The applicant states that he was enrolled in the SMP at the same time he attended ROTC and should receive service credit for this dual membership in accordance with Public Law 104-201.  In support of his request, he has provided copies of his leave and earnings statements while he was in the USAR, his ROTC Student Contract, his USAR Enlistment Contract and his DD Form 214.

4.  The applicant’s military record show that he enrolled in the ROTC advanced course and the SMP effective 16 August 1983.  He was commissioned on          15 January 1985 and was ordered to active duty on 11 February 1985.  Considering his prior enlisted service, his pay entry basic date (PEBD) was adjusted to 19 August 1983.

5.  Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of the law to provide service credit to officers commissioned from the ROTC Advanced Course program who also participated in the Simultaneous Membership Program (SMP), retroactive to 1 August 1979 when the SMP 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 PEBD, the effective date of the increase will be 23 September 1996.  Time in reserve programs prior to entry in to the SMP is not creditable under this provision.  The SMP service credit affects only the PEBD for pay purposes.  It does not affect the Basic Active Service Date (BASD) or Basic Date of Appointment for officers or date of rank for officers.

CONCLUSIONS:

1.  The applicant was simultaneously enrolled in the SMP and the ROTC advanced course from 26 August 1983 to the date on which he was commissioned, 15 January 1985.  Therefore, in accordance with PL 104-201, his PEBD should be adjusted to 20 March 1982 in recognition of the time spent in the SMP.

2. Furthermore, in accordance with retroactive pay provisions of the Public Law 104-201, Section 507, DFAS will review records to determine if the applicant is due back pay.

3.  In view of the foregoing, the injustice in 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 PEBD for the individual concerned is 20 March 1982 in accordance with PL 104-201.

BOARD VOTE:  

__jph____  __eja___  __bvc ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________James P. Huber_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999028641	
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.	104.0300	
2.		
3.		
4.		
5.		
6.