PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             9 January 2001
	DOCKET NUMBER:     AR2000050439

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. Curtis L. Greenway		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 US Army Reserve (USAR) 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 enlisted in the US Army Reserve of 19 October 1986.  The enlistment document reflects credit for 5 years, 7 months, and 17 days total active military service.  He was enrolled in the SMP/ROTC on 6 January 1987, he was commissioned on 17 June 1988, and was ordered to active duty on 2 March 1989.

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 6 January 1987 to the date of his commissioning on 17 June 1988, a period of 1 year, 5 months, and 11 days.  Therefore, in accordance with PL 104-201, his PEBD should be adjusted in recognition of the time spent in the SMP. 

2.  Furthermore, in accordance with the retroactive pay provisions of the PL, he should receive all back pay due for this adjustment in his PEBD.

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.  adjusting the applicant’s PEBD by 1 year, 5 months and 11 days;
and

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

BOARD VOTE:

    _mdm          _ena          _clg   GRANT AS STATED IN RECOMMENDATION

                                                     GRANT FORMAL HEARING

                                                      DENY APPLICATION

					             Mark D. Manning                
                                                               CHAIRPERSON 

INDEX

CASE ID	AR2000050439	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.  1019		
2.		
3.		
4.		
5.		
6.