MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            21 August 2003                  
	DOCKET NUMBER:   AR2003087251

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Regan K. Smith		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her pay entry basic date (PEBD) as 29 August 1988 and her basic active service date (BASD) as           16 February 1989.

APPLICANT STATES:  In effect, that her PEBD should be the date she enrolled in the Reserve Officers' Training Program (ROTC), which was 29 August 1988.  Her BASD should be the date she enrolled in the Simultaneous Membership Program (SMP), which was 16 February 1989.  These errors resulted in her separation pay being calculated on erroneous information, resulting in her indebtedness to the Government.  

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the U. S. Army Reserve (USAR) (Control Group ROTC) on        29 August 1988.  She enlisted in the Army National Guard on 16 February 1989 and enrolled in the SMP the same date.  She apparently had a total of 55 active duty days during her time in the SMP.

The applicant was appointed a second lieutenant in the USAR on 11 May 1990.  She entered active duty on 8 March 1991.  She was promoted to captain on        1 April 1995.  She was released from active duty on 1 September 2002 after being twice nonselected for promotion.  

The applicant's DD Form 214 shows she received full involuntary separation pay in the amount of $69,282.72.  An undated Defense Finance and Accounting Service – Denver Center (DFAS-DE) Form 0-641 (Statement of Military Pay Account) indicates she was overpaid $3,322.73.

Item 12c of the applicant's DD 214 shows she completed 11 years, 5 months, and 24 days of creditable active service.  Item 12d shows she had no prior active service.  Item 12e shows she had 2 years and 22 days of prior inactive service.

The ROTC/SMP is a voluntary officer training program designed to increase the number of ROTC officers available for Reserve Forces Duty.  

Public Law 104-201, section 507, dated 23 September 1996, amended the provisions of the law to provide service credit for the SMP retroactive to 1 August 1979, when SMP actually 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 a higher basic pay due to a change in the PEBD, the effective date of the increase will be 23 September 1996.

Message 161200Z Jan 97, Headquarters, Department of the Army Washington DC//DAPE-MPO-S// Subject:  Service Credit for Senior ROTC Cadets and Midshipmen in the Simultaneous Membership Program (SMP), provided policy guidance and authority to recompute the PEBD based on service credit under the SMP.

In a previous case, phone conversation between the staff of the Board and the Deputy Chief of Staff for Personnel (now G-1) verified that the BASD is not affected by this policy.

The Department of Defense Financial Management Regulation (DODFMR) states, in pertinent part, that service as a member of ROTC is creditable for pay provided the member has concurrent Selected Reserve (drilling) status for duty performed on or after 1 August 1979.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  There does not appear to be any error on the applicant's DD Form 214 regarding her PEBD (prior inactive service) or her BASD (prior active service).  In accordance with the DODFMR, service as a member of ROTC is creditable for pay only provided the member has concurrent Selected Reserve for duty performed on or after 1 August 1979.  The applicant enlisted in the USAR (Control Group ROTC) on 29 August 1988 but did not enroll in the SMP (i.e., the Selected Reserve) until 16 February 1989.  

3.  Item 12e of the applicant's DD Form 214 shows she had 2 years and 22 days of prior inactive service.  Item 12e therefore correctly reflects a PEBD of            16 February 1989, the date she entered the SMP:

	91  03  08
          - 2   00  22
           89  02  16

4.  The applicant did not enter active duty until 8 March 1991.  Earlier conversations with the Deputy Chief of Staff for Personnel (now G-1) verified that the BASD is not affected by the SMP policy, only the PEBD.  Therefore, item 12d of the applicant's DD Form 214 correctly reflects that she had no prior active service.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jns___  __rwa___  __rks___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003087251	
SUFFIX		
RECON		
DATE BOARDED	20030821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.