PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           18 July 2002                  
	DOCKET NUMBER:   AR2002074096

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 records be corrected to show that he was authorized back pay for his SMP (Simultaneous Membership Program) based on his adjusted Pay Entry Basic Date (PEBD). 

3.  The applicant makes reference to Public Law 104-201, section 507             (23 September 1996), which essentially authorizes payment for SMP service.

4.  The applicant’s military records show that his Army Reserve (USAR) service was as follows:

	FROM			TO			TYPE SERVICE

	900412		910613		No active duty

	910614		910802		Active duty for training

	910803		910902		No active duty

910903		940127		Reserve Officer Training Corps 
(ROTC)/SMP

	940128		940305		No active duty

	940306		020115		Active duty

	020116		Present		Control Group (Reinforcement)

5.  Based on the applicant’s 13 November 2001 request, his PEBD was verified as 900412.  This included his Selected Reserve Service (SMP) credited while in the ROTC.

6.  On 2 April 2002, the Retirement Points Accounting System confirmed his PEBD as 900412.

CONCLUSIONS:

1.  The evidence of record clearly shows his PEBD was corrected to 900412 based on his SMP time, and his records should be corrected by showing he is due pay based on this time served.

2.  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 that the individual concerned is due pay based on his corrected PEBD of 900412.

BOARD VOTE:  

_SK____  __RVO___  _JPI____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		  Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002074096	
SUFFIX		
RECON		
DATE BOARDED	20020718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	104.03	
2.		
3.		
4.		
5.		
6.