PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             25 July 2000                 
	DOCKET NUMBER:    AR1999034545

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 that he receive credit for participating in the Simultaneous Membership Program (SMP) as a National Guard soldier while he was enrolled in the Reserve Officer Training Corps (ROTC) Advanced Course.

3.  The applicant states that he was enrolled in the SMP at the same time he attended ROTC and should receive credit for his dual membership

4.  The applicant’s military records show that he enlisted into the Army National Guard on 12 June 1979 and enrolled in the SMP/ROTC on 8 July 1981.  He was commissioned on 20 June 1983.  Considering his prior enlisted service, his pay entry basic date (PEBD) was established as 19 April 1981.

5.  Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of the law to provide service credit to officers commissioned from the ROTC Advanced Course program who also participated in the SMP, retroactive to 1 August 1979 when the SMP 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 higher basic pay due to a change in PEBD, the effective date of the increase will be 23 September 1996.  The SMP service credit affects only the PEBD for pay purposes.  It does not affect the Basic Active Service Date (BASD) or Basic Date of Appointment for officers or date of rank for officers.

CONCLUSIONS:

1.  The applicant was simultaneously enrolled in the SMP and ROTC programs from 8 July 1981 to the date of his commissioning on 20 June 1983, a period of  1 year, 11 months and 12 days.  Therefore, in accordance with PL 104-201, his PEBD should be adjusted to 12 June 1979.  The formula used resulted in a 7 May 1979 PEBD; however, the PEBD cannot be adjusted prior to a soldier’s initial enlistment date.

2.  Furthermore, in accordance with the retroactive pay provisions of the PL, he should receive all back pay due him for this adjustment in his PEBD.

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:

a.  showing that the PEBD for the individual concerned is 12 June 1979 and;

     	b.  paying to him all back pay due as a result of this correction in accordance with PL 104-201.

BOARD VOTE:  

__tsk____  ___sk___  ___jhk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Ted S. Kanamine_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034545	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000725	
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.	112.07	
2.		
3.		
4.		
5.		
6.