PROCEEDINGS

	IN THE CASE OF:        . 

	BOARD DATE:            19 September 2000                  
	DOCKET NUMBER:    AR2000041458

	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	
	M .Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan k. Smith. 		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 receive credit for participating in the Simultaneous Membership Program (SMP) as a ARNG soldier 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 his dual membership.

4.  The applicant’s military records show that he contracted to join the Army on 22 November 1974, but entered active duty on 13 January 1975.  He served continuously until his honorable discharge on 4 October 1980.  He enrolled in the SMP/ROTC on 14 October 1980 and was commissioned on 15 May 1982 a period of 1 year, 7 months, and 1 day.  He was separated from active duty by reason of voluntary early retirement on 31 August 1993.  Considering his prior enlisted service, his pay entry basic date (PEBD) was established as 11 December 1974.

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 14 October 1980 to the date of his commissioning on 15 May 1982, a period of 1 year, 7 months, and 1 day.  Therefore, in accordance with PL 104-201, his PEBD should be adjusted from 11 December 1974 to 22 November 1974 in recognition of the time spent in the SMP.  The formula used to compute the new PEBD actually resulted in a PEBD of 10 May 1973; however, the PEBD cannot be adjusted prior to a soldier’s initial enlistment date.

2.  Furthermore, in accordance with the retroactive pay provisions of the PL, he should receive all back pay due him for this adjustment in his 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 22 November 1974; and

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

BOARD VOTE:

    hof                jpi              rks     GRANT AS STATED IN RECOMMENDATION

                                                     GRANT FORMAL HEARING

                                                      DENY APPLICATION

					                   Hubert O. Fry, Jr.                      
                                                               CHAIRPERSON 

INDEX

CASE ID	AR2000041458	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
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.