PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             24 October 2000                 
	DOCKET NUMBER:     AR2000040749

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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 receive credit for participating in the Simultaneous Membership Program (SMP) in a US Army Reserve (USAR) unit while she was enrolled in the Reserve Officer Training Corps (ROTC) Advanced Course.

3.  The applicant states that she was enrolled in the SMP at the same time she attended ROTC and should receive service credit for her dual membership.

4.  The applicant’s military records show that she enrolled in the SMP/ROTC on 31 August 1981, she was commissioned on 14 May 1983, and was ordered to active duty on 27 October 1983.  She was separated from active duty by reason of voluntary early retirement on 31 August 1993.  Considering her prior enlisted service, her pay entry basic date (PEBD) was established as 10 July 1978.

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 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 higher basic pay due to a change in PEBD, the effective date of the increase will be 23 September 1996.  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 ROTC programs from 31 August 1981 to the date of her commissioning on 14 May 1983, a period of 1 year, 8 months, and 13 days.  Therefore, in accordance with PL 104-201, her PEBD should be adjusted from 10 July 1978 to 27 October 1976 in recognition of the time spent in the SMP. 

2.  Furthermore, in accordance with the retroactive pay provisions of the PL, she should receive all back pay due her for this adjustment in her PEBD retroactive to 23 September 1996.

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:

     a.  showing that the PEBD for the individual concerned is 27 October 1976; and

     b.  paying to her all back pay due as a result of this correction in accordance with PL 104-201 retroactive to 23 September 1996.

BOARD VOTE:

    _mkp            _jtm          esc__   GRANT AS STATED IN RECOMMENDATION

                                                     GRANT FORMAL HEARING

                                                      DENY APPLICATION

					                   Margaret K. Patterson          
                                                               CHAIRPERSON 

INDEX

CASE ID	AR2000040749	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
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.  1019		
2.		
3.		
4.		
5.		
6.