PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 March 2001
	DOCKET NUMBER:   AR2000048224

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		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, in effect, that his pay entry basic date (PEBD) be corrected to read 29 August 1989 and that he receive all back pay and allowances due from the Army National Guard (ARNG) as a result. 

3.  The applicant states, in effect, that he participated in the Simultaneous Membership Program (SMP) from 23 August 1989 to 1 June 1990 and in accordance with Title 10, Untied States Code, section 2106 (10 USC 2106) and the Defense Authorization Act of 1 October 1996, the SMP was creditable for members of the Reserve Officer Training Corps (ROTC) simultaneously serving as members of the ARNG.  He claims this error was discovered when he entered active duty with the United States Air Force (USAF) in June 2000.

4.  The applicant’s military records show that he served in the New York Army National Guard in the ROTC/ARNG SMP from 23 August 1989 through 1 June 1990 and continued to serve in the New York ARNG as a unit member until his transfer to active duty in the USAF on 30 May 2000, where he is still currently serving.

5.  On 14 July 2000, the service verification office of the USAF completed a background paper in which it was confirmed that in accordance with 10 USC 2106 the applicant’s PEBD was being established as 23 August 1989, based on his participation in the Army SMP from 23 August 1989 to 1 June 1990.  They further indicated that the applicant was very active in the New York ARNG between August 1990 and September 1999 and that his pay record should be corrected in order for him to receive back pay and allowances due as of 
1 October 1996, the enactment date of the law.

6.  In connection with the processing of this case, the Board requested of and received an advisory opinion from the Army National Guard Bureau (NGB),dated 5 January 2001.  In this opinion NGB officials indicate that they have corrected the applicant's military records to show his PEBD as 29 August 1989 and they included a copy of the latest Retirement Points Accounting Management Statement (RPAMS), which confirms the change.  NGB officials also commented that the RPAMS should provided to USAF personnel in order to ensure that his records are accurately updated and that they accomplished all administrative actions in connection with this issue.  

7.  10 USC 2106, as amended by the Defense Authorization Act of 1 October 1996, provides the legal authority for the commissioning of members upon completion of advanced training, which includes members of the SMP, and authorized crediting the service performed during the period of advanced training when computing length of service for any purpose.  

8.  In addition, Army regulations mandate that SMP cadets receive longevity service credit for periods of satisfactory participation in the SMP and that they receive time in service credit for base pay calculations for time served as an SMP member.  

CONCLUSIONS:

1.  In the opinion of the Board, the applicant’s claim that his PEBD should be adjusted to 23 August 1989 has merit, as evidence by the administrative remedies taken by the NGB in their administrative correction of his RPAMS record.  

2.  By law and regulation, members receive longevity and time in service credit for base pay calculations for those periods of satisfactory participation in the SMP.  Therefore, the Board concludes the applicant’s PEBD should be adjusted to 23 August 1989 as requested and that he should be provided all back pay and allowances due as a result of this  longevity time in service adjustment.  

3.  Although the Board has no authority to correct State ARNG records, governed under Title 32, the Board is of the opinion that in so far as the Department of the Army is concerned, it would be in the best interest of justice to correct the ARNG records of the individual concerned as recommended below:

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant’s PEBD as 22 August 1989 and by providing him all back pay and allowances due as a result. 

BOARD VOTE:  

__slp____  __jpi____  __rks ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048224	
SUFFIX		
RECON		
DATE BOARDED	2001/03/22	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1019	104.0300	
2.  303	129.0100	
3.		
4.		
5.		
6.