RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            20 November 2003
	DOCKET NUMBER:   AR2003088774

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert Duecaster		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, in effect, that his pay entry basic date (PEBD) be adjusted due to his membership in the Simultaneous Membership Program (SMP) from 10 September 1982 until 13 May 1983.

2.  The applicant states that he was in the SMP 14 years before the Army decided to grant service credit for that time.  The 18th Personnel Service Battalion has refused to grant the service credit or to correct his DA Form 1506 (Statement of Service – for Computation of Length of Service for Pay Purposes) because he does not have all 10 documents required by the implementing message.  

3.  The applicant provides three Leave and Earnings Statements (LESs); Orders 4-1 dated 13 May 1983; an email from Mr. Ron G___; appointment orders dated 14 May 1983; his oath of office dated 14 May 1983; his enlistment agreement dated 1 September 1977; his Army Senior Reserve Officers' Training Corps (ROTC) contract dated 1 September 1977; and a DA Form 1506 dated              28 February 2003.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an injustice which occurred on        23 September 1996.  The application submitted in this case is dated 8 April 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 initially enlisted in the U. S. Army Reserve (Control Group ROTC) on 1 September 1977.  He apparently was disenrolled on or about         17 October 1978 for an unknown reason.  He enlisted again in the U. S. Army Reserve (Control Group ROTC) on 15 January 1982.

4.  An LES for the period 1 through 31 October 1982 shows the applicant was assigned to a troop program unit (TPU) on 10 September 1982.  Two additional LESs show he performed unit drills during November and December 1982.  

5.  U. S. Army Third ROTC Region, Senior Program, The University of Texas at El Paso Orders 4-1 dated 13 May 1983 discharged the applicant from the U. S. Army Reserve and relieved him from Company B, 2d Battalion, 12th Special Forces Group for the purpose of accepting a commission in the U. S. Armed Forces.

6.  On 14 May 1983, the applicant was appointed a Reserve commissioned officer of the Army and entered active duty.

7.  In the processing of this case, an advisory opinion was obtained from the Chief, Retirements and Separations Branch, U. S. Total Army Personnel Command.  That office stated that credit for the SMP could not be awarded because the applicant did not have a DA Form 4824-R (SMP Contract) or orders discharging him from ROTC to enroll in the SMP as required.

8.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He stated that he did not know, and the advisory opinion did not address, if the DA Form 4824-R was in existence when the SMP began in 1982.  In addition, he stated that he doubted that it has ever been a requirement to be discharged from ROTC to enroll in the SMP as the commitments are simultaneous (his emphasis).  

9.  The ROTC/SMP is a voluntary officer training program designed to increase the number of ROTC officers available for Reserve Forces Duty.  Subject to limitations, it permits an ROTC cadet to train in the ROTC Advanced Course while simultaneously participating as an officer-trainee in paid training assemblies with a U. S. Army Reserve troop program unit.  To be eligible for ROTC/SMP participation, a cadet must be enrolled in the ROTC Advanced Course nonscholarship program; be assigned to a verified officer-trainee position in a TPU; meet the Army body composition/weight control standards; and agree to volunteer for commissioning under the provisions of the ROTC Early Commissioning Program on successful completion of the ROTC Advanced Course.

10.  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 the 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.

11.  Message 161200Z Jan 97, DA 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the U. S. Army Reserve (Control Group ROTC) (for the second time) on 15 January 1982.  His LES for the period 1 through 31 October 1982 shows he was assigned to a TPU effective 10 September 1982.  Other LESs show he actively participated with that unit during the months of November and December 1982.  

2.  Orders dated 13 May 1983 show the applicant was relieved from assignment to that TPU effective 13 May 1983, the same date he was discharged as an ROTC cadet to accept a commission.  Although a DA Form 4824 is not available, the provided evidence is sufficient to show he was in the SMP from                     10 September 1982 through 13 May 1983.

BOARD VOTE:

__jl____  __lds___      __rd____  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:

     a.  showing he was in the Simultaneous Membership Program from               10 September 1982 through 13 May 1983;

     b.  adjusting his PEBD accordingly; and 

     c.  paying him any back pay and allowances due as a result of the above correction.

		__JoAnn Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR2003088774	
SUFFIX		
RECON		
DATE BOARDED	20031120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	104.0300.0003	
2.		
3.		
4.		
5.		
6.