PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  6 April 2000
	DOCKET NUMBER:   AR1999034456

	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. Theodore G. Heartley.		Analyst	

  The following members, a quorum, were present:

	Mr. John M. Slone		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest M. Willcher		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, correction of his military records by being granted Army National Guard (ARNG) service credit while he was enrolled in the Mississippi ARNG/Reserve Officer Training Corps (ROTC) with concurrent enrollment in the Simultaneous Membership Program (SMP).

3.  The applicant states, in effect, that he entered ROTC on 27 August 1979, concurrently with the newly established SMP, however, he did not get full service credit because the SMP contract, DA Form 4824-R, was never executed.  He further states that his class at Mississippi State University (MSU) was the first class to participate in ROTC/SMP and ARNG officials used two memoranda to authenticate his participation in SMP in lieu of a SMP contract document, however, U.S. Total Army Personnel Command (DA PERSCOM), Retirements and Separation Branch would not accept these memoranda as proof of his enrollment in SMP beginning on 27 August 1979, and only granted partial service credit from 7 November 1979, the date of his assignment to another NG unit as an officer trainee.  In support of his request, the applicant submitted supporting documents listed on a two-page summary sheet marked Tab C through Tab M and a rebuttal to the advisory opinion mentioned below.

4.  The applicant’s available military records show that he initially entered a 
6-year enlistment in the MSARNG on 3 March 1976.  On 27 August 1979, he entered the MSU ROTC Program.  An undated memorandum signed by the assistant professor of military science, MSU, an Army captain, stated that he was approved for acceptance in the advanced ROTC program under the MSU-ARNG ROTC SMP on 27 August 1979. A MSARNG Office of the Adjutant General memorandum dated 18 September 1979, signed by the deputy chief of staff for personnel and administration, an Army lieutenant colonel, addressed to the Commander, Headquarters and Headquarters Company (HHC), 890th Engineer (EN) Battalion (BN), Gulfport, MS, stated that he was accepted into the ARNG ROTC SMP with an effective date of 27 August 1979.

5.  He continued his initial enlistment in the MSARNG while serving in ROTC SMP as an officer trainee and cadet until 17 December 1981.  On 18 December 1981, he was commissioned as a second lieutenant and served in the USAR while awaiting confirmation of his Regular Army (RA) appointment and entry on active duty in the RA that occurred on 27 March 1982.  He is now on active duty in the RA in the rank of major.  The current and previous assignments portion of his DA Form 2-1, personnel qualification record, shows that on 7 November 1979, he was reassigned from duties as a senior construction draftsman in military occupational specialty (MOS) 81B, grade 
E-5, HHC, 890th EN BN, Gulfport, MS, to duties as an officer trainee in MOS 09R, grade E-5, HHC, 223rd EN BN, WestPoint, MS.   The enlisted service portion of his DA Form 7301-R, officer service computation for retirement, shows that he was given enlisted service credit from 3 March 1976 to 26 August 1979 and enlisted service credit for SMP from 7 November 1979 to 17 December 1981.  On 23 September 1996, Public Law (PL) 104-201, Section 507 was amended to grant service credit for SMP retroactive to 1 August 1979.

6.  During the processing of his case, the Board obtained an advisory opinion from DA PERSCOM, Chief, Retirements and Separations Branch, stating, in effect and in pertinent part, that since he could not provide clear substantiation in the form of a SMP contract document, DA Form 4284-R, that he was in the ARNG ROTC SMP on 27 August 1979, then SMP service credit would only apply from 7 November 1979, the date of reassignment to his new unit in an officer trainee status in MOS 09R as shown on his DA Form 2-1. 

CONCLUSIONS:

1.  The Board concludes that the applicant’s explanation for the preparation of two SMP approval memoranda in lieu of the DA Form 4284-R as the proper documentation to authenticate his SMP participation appears plausible.  The Board further concludes that since SMP was a new program at the time, it is likely that the DA Form 4284-R was not available to ARNG officials therefore, they used memoranda to document his SMP participation instead.

2.  The Board is satisfied that he was enrolled in the MSARNG ROTC at MSU with concurrent SMP participation from 27 August 1979 and should not be denied the additional 2 months and 10 days of enlisted service credit that has been withheld.  

3.  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 had creditable enlisted service from 27 August 1979 to 6 November 1979.

BOARD VOTE:  

__JS___  ___JA___  __EW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John M. Slone                  
		        CHAIRPERSON

INDEX

CASE ID	AR1999034456	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	NA  	
DISCHARGE REASON	NA	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	135	
2.		
3.		
4.		
5.		
6.