PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 October 2000                   
	DOCKET NUMBER:   AR2000046225

	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. John D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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 retired prior to the date the law authorizing pay credit for SMP membership went into effect.

4.  The applicant’s military records show that he had prior enlisted service from 13 January 1975 – 16 December 1982.  He enlisted in the U. S. Army Reserve, Reserve Officer Training Corps (ROTC) on 17 December 1982.  A Certificate and Acknowledgement of Service Requirements for Individuals Enlisting, Reenlisting, or Transferring into Troop Program Units of the US Army Reserve, DA Forms 3540/1 – 3540/4, show he was assigned to a Troop Program Unit (TPU) on        26 January 1983.  Orders 3-1, U. S. Army Third ROTC Region, Senior Program, The University of Texas at Austin dated 1 February 1983 show that he was assigned to a TPU effective 26 January 1983 for participation in the SMP.  On  12 May 1984, he was commissioned.  On 1 April 1996, he retired from the Regular Army, in pay grade O-3, under a voluntary early retirement program.  He was credited with 19 years, 9 months and 23 days of service for basic 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 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 the applicant was assigned to the SMP effective 26 January 1983.  He was commissioned on 12 May 1984.  He met the eligibility requirements to have his membership time in the SMP (1 year, 3 months and 16 days) credited towards his 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, 1 month and 9 days of service for basic pay; and

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

BOARD VOTE:  

__jdm___  __cjs___  __jed___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John D. Miller
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046225	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.