PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            4 May 2000                  
	DOCKET NUMBER:   AR1999031110

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter		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.  In effect, the applicant requests that his PEBD (pay entry basic date) be changed to reflect service credit under the simultaneous membership program (SMP) and that he receive any pay and allowances based on this change. 

3.  The applicant states that in order to receive entitlement to pay the Defense Finance and Accounting Service in Indianapolis (DFAS-IN) requires a  
DA Form 1506 from Personnel.  Personnel will not issue a DA Form 1506 without a copy of his SMP contract.  However, he cannot find a copy of that contract.  DFAS-IN states that his leave and earnings statements (LES) should be considered acceptable evidence; however, Personnel will not accept those statements as evidence of creditable service.  

4.  The applicant’s military records show that he enlisted in the Army Reserve for six years on 24 October 1983.  He served on active duty for training during the periods 18 January 1984 to 22 March 1984 and from 27 June 1984 to                19 October 1984.  The applicant extended his enlistment for three years on        22 June 1986.

5.  The applicant’s copies of his LES, which he submits with his application, shows that he was a drilling troop program member of the Army Reserve from August 1986 until May 1988 (although the LES for September 1986, July 1987, and November 1987 are not available), in the pay grade of E-4, and then E-5 beginning in September 1986, and that his pay entry basic date (PEBD) throughout this period was 24 October 1983.  An LES for the period 1-16 May 1987 shows that he received pay as a cadet for that period; and an LES for the period 4 June-15 July 1987 shows that he received pay (to include travel pay to and from advanced camp at Fort Riley, Kansas) as a cadet for that period of time.  His LES for May 1988 shows that he accepted a commission on 13 May of that year.  

6.  A DA Form 61 (Application for Appointment), dated 31 August 1987 indicates that the applicant was in the ROTC advance course in August 1986 and attended advance camp at Fort Riley in July 1987.

7.  The applicant was discharged from the Army Reserve and concurrently relieved from the USAR Control Group (ROTC) on 12 May 1988.  He was appointed a second lieutenant in the Army Reserve on 13 May 1988, executing his oath of office at Emporia State University.  He entered on active duty on         8 January 1989 and has served on continuous active duty since then.   

8.  In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM).  That command indicated, that although the applicant was in the Reserves in August 1986 and also enrolled in ROTC, his request could not be granted because there was no documentation to show that he was in the SMP.
9.  In his rebuttal (COPY ATTACHED) to the advisory opinion, the applicant reasons that if he was not a member of the SMP, but did serve in the Reserves, he would be entitled to longevity increases in pay retroactive to 1986, not 1996 (in accordance with the message concerning SMP).  It would therefore be logical to accept his contention that he was in the SMP.

10.  Information from DFAS indicates that the applicant’s PEBD is                        24 October 1983; however, that agency was in the process of changing his PEBD back to 13 May 1985 (as previously annotated) because of a lack of  documentation to verify the earlier PEBD.

11.  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,                            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.    

CONCLUSIONS:

1.  The applicant was a troop program unit member of the Army Reserve from the date of his enlistment on 24 October 1983 until the date of his commissioning on 13 May 1988.  He was also attending ROTC, although the date that he entered ROTC cannot be determined.  Although there is no SMP contract, it is probable that he was an SMP member.  

2.  The applicant’s record, absent specific information concerning SMP membership, should show continuous service from his enlistment in the Army Reserve from 24 October 1983.  His PEBD is 24 October 1983.  He should receive all pay and allowances due based on this PEBD.   

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 by showing that the applicant’s PEBD is 24 October 1983, and that he receive all pay and allowances due based on that PEBD.

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

BOARD VOTE:  

___cjs___  ___jps__  ___lls___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031110	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
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.  1019	135.00	
2.	128.00	
3.		
4.		
5.		
6.