PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 November 2000                   
	DOCKET NUMBER:   AR2000045821

	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:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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 pay entry basic date (PEBD) be adjusted due to his membership in the Simultaneous Membership Program (SMP).

3.  The applicant states that he learned of the law allowing SMP service to be credited towards pay only when he was processing for separation in June 2000.  However, the Transition Point combed through all of his old records and the only Reserve Officer Training Corps (ROTC) contract found did not have the SMP addendum.  

4.  The applicant’s enlisted military records only are available.  They show that he enlisted in the U. S. Army Reserve (USAR) on 1 May 1985.  An 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-R, shows that he enrolled in the SMP on 24 August 1988.  On 5 September 1988, he enrolled in Senior ROTC.  On 4 May 1990, he was commissioned a second lieutenant and entered active duty on 22 May 1990.  

5.  On 6 July 2000, the applicant was released from active duty.  His Certificate of Release or Discharge from Active Duty, DD Form 214, shows that he had been credited with a total of 15 years, 2 months and 6 days of creditable service for pay.  A Statement of Service – for Computation of Length of Service for Pay Purposes, DA Form 1506, dated 29 June 2000 shows this same information.

6.  Conversation with the Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) on 1 November 2000 confirms that the applicant was being paid as an O-3 over 12 years effective 31 December 1998.

7.  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.

8.  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 PEBD, the effective date of the increase will be 23 September 1996.

9.  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.

10.  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 his DA Form 4824-R applying for participation in the SMP on 24 August 1988 and enrolled in Senior ROTC on 5 September 1988.

2.  The applicant’s DD Form 214 appears to account for his time in the SMP; however, records at DFAS-IN show that he was being paid at the over-12-years rate effective 31 December 1998 and through the date of his separation.  It appears that his time in the SMP was not credited for pay while he was on active duty and may not be credited for pay now that he is not on active duty.

3.  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 showing:

    a.  that the applicant’s PEBD was adjusted to credit him with his membership in the SMP from 5 September 1988 through 3 May 1990; 

     b.  that the applicant be paid back active duty pay and allowances for the period 23 September 1996 – 6 July 2000 due him as a result of this adjustment; and

     c.  that the applicant’s reserve pay be increased effective 7 July 2000 and he receive any back pay due him as a result of this adjustment, as appropriate.

BOARD VOTE:  

__gdp___  __mhm__  __pm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045821	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.15	
2.		
3.		
4.		
5.		
6.