PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            3 February 2000                  
	DOCKET NUMBER:   AR1999028996

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ernest W. Lutz, Jr.		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 Pay Entry Basic Date (PEBD) be corrected to give him credit for his Simultaneous Membership Program (SMP) service in an Army National Guard (ARNG) Troop Program Unit (TPU) while enrolled in the Senior Reserve Officer Training Corps (ROTC) advanced course.

3.  The applicant states that he was enrolled in the SMP while he was in the Senior ROTC.  In support of his application he submits the following documents extracted from his Official Military Personnel File:

	a.  Date enlisted in ARNG						901012

	b.  Date enrolled in Senior ROTC advanced course		900801

	c.  Date entered into the SMP					901103

	d.  Date separated from the ARNG 				920508

	e.  Date commissioned						920509

4.  Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of law to provide service credit to officers commissioned from the ROTC advanced course program who also participated in the SMP, retroactive to 1 August 1979 when the SMP was established.  The law specifies that these PEBD adjustments will not be grandfathered for pay, that any adjustment of a soldier’s PEBD will only entitle him or her to an increase in pay from the date the law was passed.  The SMP service credit affects only the PEBD for pay purposes.  It does not affect the Basic Active Duty Date (BASD), Basic Date of Appointment (BDA), or Date of Rank (DOR) for officers.

CONCLUSIONS:

1.The applicant was enrolled in the SMP from 3 November 1990 to 8 May 1992.  As such, the applicant’s PEBD should be adjusted to include that service in accordance with PL 104-201.

2.  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:

a.  showing that the PEBD of the individual concerned be adjusted to include his ROTC/SMP service performed from 3 November 1990 to 8 May 1992; and

b.  by giving him any difference in retired pay that this correction will necessitate, for pay which became due on or after 23 September 1996.

BOARD VOTE:  

_mkp____  __bje___  _ewl ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson_______
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000203	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.