PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002073071

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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 be given time in service and pay for the time he spent in the Simultaneous Membership Program (SMP). 

3.  The applicant states that he was an ROTC cadet at Northeastern State University at Tahlequah, Oklahoma while in the SMP with 486th Civil Affairs Group based in Broken Arrow, Oklahoma.  At that time the SMP was not allowed to be counted as time in service, however the rules have changed and he wants the time he spent in the SMP added to his length of service.  

4.  The applicant’s military records show that he served in the United States Air Force (USAF) from 1 September 1971 to 5 August 1975, and the USAF Reserve from
6 August 1975 to 31 August 1977.  On 14 January 1980 he enlisted in the US Army Reserve for a period of 6 years as a cadet.

5.  On 15 December 1981, the applicant was discharged from the US Army Reserve, 486th CA Company, Broken Arrow, Oklahoma, for the purpose of accepting a commission in the United States Armed Forces.  

6.  On 16 December 1981, he was commissioned as a US Army Reserve (USAR) second lieutenant from the Reserve Officers’ Training Corps (ROTC) program at Northeastern State University.  He was promoted to first lieutenant and captain, on 
6 August 1983 and 1 September 1985, respectively.

7.  On 14 July 1993, the applicant’s request for early retirement was approved.  On 31 August 1993, he was retired under the provisions of Army Regulation 
635-100, and Public Law 102-484, for Voluntary Early Retirement.  His DD Form 
214 (Certificate of Release or Discharge from Active Duty) indicates he had 
11 years, 8 months and 5 days of active service for his current period of service,  
3 years, 11 months and 5 days of prior active service, and 2 years and 25 days of prior inactive service. 

8.  In the processing of this case an advisory opinion was obtained from the 
U.S. Total Army Personnel Command (PERSCOM), Officer Retirements and Separation Section, which recommended that the applicant’s request be approved.  A new DAPC-OPP-R, Form 185 (Computation of Officer’s Service) was completed to show the addition of his SMP service from 18 August 1981 to 15 December 1981, and a corrected pay entry basic date of 18 August 1975.  The applicant was provided a copy of the advisory opinion and concurred with its recommendation.

9.  The Simultaneous Membership Program is a program in which ROTC contracted cadets simultaneously serve a members of the US Army Reserve and ROTC as officer trainees.  The intent of SMP is to increase officer accessions into the Reserve Component (RC) by increasing ROTC enrollment from enlisted RC unit members attending college.  

10.  The DoD Financial Management Regulation, Volume 7A, states in pertinent part, that Public Law 104-201, section 507, enacted 23 September 1996, allows for commissioned officer service performed in the Simultaneous Membership Program to be included as creditable service, retroactive to 1 August 1979.  This provisions does not result in increased pay, retired or retainer pay, before 23 September 1996, the date of enactment. 

CONCLUSIONS:

1.  The applicant is entitled to service credit for the time he served in the Simultaneous Membership Program from 18 August 1981 to 15 December 1981, and his DD From 214 should be corrected to reflect this service.  There is no adjustment in the applicant’s pay as a result of this service credit.  

2.  By virtue of the applicant service in the SMP of 3 months and 28 days, his pay entry basic date (PBED) should be adjusted from 16 December 1975 to 
18 August 1975.

3.  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:

a.  by changing the applicant’s DD Form 214, item 12e (Record of
Service - Total Prior Inactive Service) by crediting him with service spent in the SMP from 18 August 1981 to 15 December 1981, and 

	b.  by correcting his pay entry basic date (PBED) to 18 August 1975.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__JL____  __MVT __  __RTD __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR2002073071	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021017	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	133.01	
2.		
3.		
4.		
5.		
6.