PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 September 2000                   
	DOCKET NUMBER:   AR2000037299

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		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.  The applicant requests that she be granted service credit due to her membership in the Simultaneous Membership Program (SMP). 

3.  The applicant states that she was in the SMP from 7 September 1982 through 12 May 1984.

4.  The applicant’s military records show that she had prior enlisted service.  She enlisted in the U. S. Army Reserve (USAR) on 2 September 1982 and was assigned to a U. S. Army Selected Reserve unit.  On 11 September 1982, she signed Addendum to Certificate and Acknowledgement of Service Requirements (DA Form 3540) for All Personnel Applying for Participation in the Reserve Officers Training Corps (ROTC) Simultaneous Membership Program (SMP), DA Form 4824.  The instructions on the form state that each individual applying for participation in the ROTC/SMP will sign the addendum prior to participation in the program.  On 13 May 1984, she was commissioned a second lieutenant in the USAR.  On 1 March 1996, she retired from the Regular Army, in pay grade O-3, after completing over 18 years of creditable active federal service (19 years,        11 months and 4 days for pay).

5.  The ROTC/SMP is a voluntary officer training program designed to increase the number of ROTC officers available for Reserve Forces Duty.  Subject to limitations, it permits an ROTC cadet to train in the ROTC Advanced Course while simultaneously participating as an officer-trainee in paid training assemblies with a U. S. Army Reserve troop program unit.  To be eligible for ROTC/SMP participation, a cadet must be enrolled in the ROTC Advanced Course nonscholarship program; be assigned to a verified officer-trainee position in a TPU; meet the Army body composition/weight control standards; and agree to volunteer for commissioning under the provisions of the ROTC Early Commissioning Program on successful completion of the ROTC Advanced Course.
6.  Public Law 104-201, section 507, dated 23 September 1996, amended the provisions of the law to provide service credit for the SMP retroactive to 1 August 1979, when SMP actually 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 the Pay Entry Basic Date (PEBD), the effective date of the increase will be 23 September 1996.

7.  Message 161200Z Jan 97, DA Washington DC//DAPE-MPO-S// Subject:  Service Credit for Senior ROTC Cadets and Midshipmen in the Simultaneous Membership Program (SMP), provided policy guidance and authority to recompute the PEBD based on service credit under the SMP.

8.  Phone conversation between this Board and DAPE-MPO-S verified that the basic active service date is not affected by this policy.
CONCLUSIONS:

1.  The evidence of record shows that the applicant signed the DA Form 4824 on 11 September 1982.  She meets the eligibility requirements to have her membership time in the SMP from 11 September 1982 through 12 May 1984     (1 year, 8 months and 2 days) credited towards her PEBD.

2.  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:

    a.  that the applicant retired with 21 years, 7 months and 6 days of service for basic pay; and

     b.  that the applicant’s retired pay be increased effective 23 September 1996 and she receive any back retired pay due her because of this adjustment.

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

BOARD VOTE:  

__cla___  __wtm___  __tbr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000037299	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.