PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 January 2001                   
	DOCKET NUMBER:   AR2000045323

	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. June Hajjar		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz		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, in effect, that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show his years of service in the Simultaneous Membership Program (SMP).  

3.  The applicant states that he served 2 years in the SMP.  His finance records show this but his other paperwork shows only his 4 years of active duty service.

4.  The applicant’s military records are not available.  The information contained herein was obtained from alternate sources.

5.  The applicant signed his Army Senior Reserve Officers’ Training Corps (ROTC) scholarship cadet contract and addendum on 29 August 1994.  He signed his 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 4814-R, on 12 September 1994.  He was commissioned and entered active duty on 10 August 1996.  On 11 August 2000, he was honorably released from active duty.  His DD Form 214 shows that he completed 4 years and 2 days of creditable active service with no prior inactive service.

6.  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. 

7.  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.

8.  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.

9.  Phone conversation between this Board and the Deputy Chief of Staff for Personnel verified that the basic active service date is not affected by this policy.

CONCLUSIONS:

1.  The evidence shows that the applicant was in the SMP from 12 September 1994 through 9 August 1996 (1 year, 10 months and 28 days).  This service was creditable for pay and should have been listed on his DD Form 214 as inactive service.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant’s DD Form 214, item 12e be corrected to read 0001 10 28.

BOARD VOTE:  

__jh____  __le____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045323	
SUFFIX		
RECON		
DATE BOARDED	20010125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.