RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 MARCH 2004                  
	DOCKET NUMBER:   AR2003091704

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Hubert O. Fry, Jr.		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his 29 August 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his active duty service while in basic training and his inactive duty service while in the simultaneous membership program (SMP).

2.  The applicant states he was informed that credit for service in the SMP was authorized.  He also realized that the time that he spent in basic training was not indicated on his DD Form 214.

3.  The applicant provides a copy of a DA Form 1506 (Statement of Service – for Computation of Length of Service for Pay Purposes), a copy of his DD Form 4 (Enlistment Document), a copy of his DA Form 597 (Army Senior Reserve Officers Training Corps Student Contract), a copy of a document attesting to his completion of basic training and release from active duty, a copy of a certificate showing that he completed basic training, a copy of an order discharging him from the Army Reserve in order to accept a commission, a copy of his              DD Form 214 and copies of two messages concerning service credit for senior ROTC cadets in the SMP.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 29 August 1991.  The application submitted in this case is dated 18 May 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army Reserve in the pay grade of E-3 for 8 years on 20 December 1984.  He enlisted for assignment to the 646th Quartermaster Company (Petroleum), a Reserve unit in Elkins, West Virginia.    

4.  Orders published by the Military Entrance Processing Station at Pittsburgh show that the applicant was ordered to initial active duty for training for 8 weeks with a reporting date to Fort Dix, New Jersey of 20 May 1985.  The applicant's Personnel Qualification Record shows that he attended basic training at Fort Dix, New Jersey from 17 May 1985 to 19 July 1985.  An individual training record shows completion of proficiency tests and weapons qualification at basic training. On 19 July 1985 the Fort Dix Training Center informed the applicant's Reserve unit that the applicant had entered on active duty on 17 May 1985, completed basic combat training, and terminated his tour of duty on 19 July 1985.  

5.  On 18 October 1985 the applicant signed a contract enrolling in the senior Reserve Officer Training Corps (ROTC) at Fairmont State College in Fairmont, West Virginia.  The contract effecting that enrollment shows that he was enrolled in the ROTC advance course on 26 August 1985.     

6.  The applicant attended unit training with the 646th Quartermaster Company (Petroleum) on 26 and 27 October 1985.

7.  A 25 February 1986 personnel qualification record shows that the applicant was assigned to the 646th Quartermaster Company (Petroleum).

8.  On 16 April 1986 Headquarters, 475th Quartermaster Group published orders promoting the applicant to Cadet E-5 with a date of rank of 26 August 1985 when he began his ROTC advanced program.   

9.  Orders published by the Second ROTC Region show that the applicant, an ROTC cadet, was ordered to attend ROTC advanced camp at Fort Lewis, Washington with a reporting date of 11 June 1986.

10.  An 11 June 1987 personnel qualification record shows that the applicant, a Cadet E-5, was assigned to the 646th Quartermaster Company (Petroleum).   

11.  On 14 May 1987 the ROTC Instructor Group at Morgantown, West Virginia published orders discharging the applicant from the Army Reserve for the purpose of accepting a commission in the Army, effective 15 May 1987.

12.  The applicant was appointed a second lieutenant in the Army Reserve on   16 May 1987.  On 29 July 1987 he was ordered to active duty to the Second ROTC Region Senior Program with duty station at West Virginia University at Morgantown with a reporting date of 3 September 1987.  

13.  The applicant completed the Engineer Officer Basic Course, served at Fort Campbell, Kentucky, was promoted to first lieutenant, and served in Saudi Arabia.  

14.  On 23 August 1990 the Total Army Personnel Command approved the applicant's request for an unqualified resignation.  He was discharged on          29 August 1991.  His DD Form 214 shows that he entered on active duty on       3 September 1987, had 3 years, 11 months, and 27 days of active service, no prior active service, and 1 year, 1 month, and 15 days of total prior inactive service.
15.  A summary of the applicant's retirement points show that he attended training as an enlisted Solder from 1984 until his appointment as a Reserve officer in 1987.

16.  A statement of service shows that the applicant served in the Army Reserve from 20 December 1984 until 16 May 1985, that he was on active duty from       17 May 1985 to 19 July 1985, after which he continued his service in the Army Reserve.  On 18 October 1985, the date that he signed the senior ROTC contract, he was in the SMP until his appointment as a commissioned officer in the Army Reserve on 16 May 1987.  He entered on active duty on 3 September 1987.

17.  DA message of 16 January 1997 implemented the provisions of Public Law 104-201, section 507, dated 23 September 1996, which amended the provisions of the law to provide service credit for the SMP retroactive to 1 August 1979, when SMP actually began.  However, that revision does not result in an increase in pay, retired or retainer pay before the date of the enactment, which was           23 September 1996.  The message did say that if the credit results in a higher basic pay due to a change in the PEBD, the effective date of the increase would be 23 September 1996.  Officers on active duty should submit a copy of the SMP contract, commissioning orders, Statement of Service for Computation of Length of Service for Pay Purposes (DA Form 1506) or DD Form 214, to their respective Personnel Officer.  The Personnel Officer will forward a revised version of         DA Form 1506 with copies of the SMP contract and commissioning orders to the servicing finance center.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant was on initial active duty for training (basic training) from         17 May 1985 to 19 July 1985, a period of 2 months and 3 days.  His DD Form 214 should reflect this prior active service.   

2.  The applicant's DD Form 214 reflects 1 year, 1 month, and 15 days of total prior inactive service.  That service appears to stem from a computation of his service beginning with his enlistment on 20 December 1984 and continuing until his enrollment in the senior ROTC program on 18 October 1985, picks up again from his commissioning date on 16 May 1987 until his entry on active duty on      3 September 1987.  This computation treats his basic training time as inactive service and completely ignores his service in the SMP as an enlisted Soldier with the 646th.  His total prior inactive service shown on his DD Form 214 is incorrect.

3.  The applicant had a total of 4 months and 27 days of inactive service prior to basic training, and 2 years, 1 month, and 13 days of inactive service subsequent to his completion of basic training, to include his SMP time, until his entry on active duty on 3 September 1987, for a total of 2 years, 6 months, and 10 days.  His DD Form 214 should reflect this inactive service time.      

BOARD VOTE:

__MDM__  __HOF__  __RTD __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he had 2 months and 3 days of total prior active service and 2 years, 6 months, and 10 days of total prior inactive service. 

		___ Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091704	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040316	
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.	110.00	
2.		
3.		
4.		
5.		
6.