PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 March 2002
	DOCKET NUMBER:   AR2001064677

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas b. Redfern, III		Member	
	Mr. Donald P. Hupman, Jr.		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, that she be granted service credit and any back pay and allowances due based on her participation in the Simultaneous Membership Program (SMP).  

3.  The applicant states, in effect, that because of her SMP status, beginning in 1998, her pay was erroneously garnished and she was unable to resolve this matter while still serving in a Troop Program Unit (TPU) of the United States Army Reserve (USAR).  She recently retired from the USAR, and is requesting the Board’s assistance in resolving this problem.  She claims that since learning of the SMP service credit, she has applied to the Army Reserve Personnel Command (ARPERSCOM), St. Louis, Missouri, at least every six months.  She first applied on 25 September 1999, and unfortunately she never received a response to any of her inquiries made through her unit.  Each time she was asked to wait an additional six months before reapplying and finally she retired from the USAR in June 2001, with this issue still unresolved.  

4.  The applicant’s military records show that she served in the North Carolina Army National Guard (ARNG), in the ROTC/ARNG SMP, from 3 November 
1979 through 15 May 1981.  

5.  On 16 May 1981, she was commissioned a Reserve commissioned officer in the Army of the United States, in the rank of second lieutenant (2LT) and on 
17 May 1981, she was appointed a 2LT in the North Carolina ARNG.  She continued to serve in an ARNG until 16 May 1983, at which time she was transferred to the USAR Control Group, St. Louis, Missouri.  

6.  On 6 September 1983, she entered active duty and continuously served in that status for 9 years, 3 months, and 25 days until 31 December 1992, at which time she was honorably released from active duty and transferred to a TPU of the USAR, where she continued to serve until retiring in June 2001.  

7.  Title 10 of the United States Code, section 2106, as amended by the Defense Authorization Act of 1 October 1996, provides the legal authority for the commissioning of members upon completion of advanced training, which includes members of the SMP, and for crediting service performed during the period of advanced training when computing length of service for any purpose.  In addition, Army regulations mandate that SMP cadets receive longevity service credit for periods of satisfactory participation in the SMP and that they receive time in service credit for base pay calculations for time served as an SMP member.  

CONCLUSIONS:

1.  In the opinion of the Board, the applicant’s claim that she should receive service credit and any back pay and allowances due as a result of her participation in the SMP has merit.  By law and regulation, members receive longevity and time in service credit for base pay calculations for those periods of satisfactory participation in the SMP.  

2.  The evidence of record confirms that the applicant served in the North Carolina ARNG in an SMP status from 3 November 1979 through 15 May 1981.  Therefore, the Board concludes that she should receive service credit for the period she participated in the SMP and that her Pay Entry Basic Date (PEBD) should be adjusted accordingly.  In addition, the Board finds it would be appropriate to provide her any back pay and allowances due a result of this longevity time in service adjustment.  

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 granting the individual service credit for her participation in the SMP and adjusting her PEBD accordingly; and by providing her any back pay and allowances due as a result.  

BOARD VOTE:  

__FNE__   _ _TBR__  __DPH     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		          __Fred N. Eichorn__
		             CHAIRPERSON

INDEX

CASE ID	AR2001064677	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/05	
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.	104.0300	
2.	129.0100	
3.		
4.		
5.		
6.