ABCMR Memorandum of 	                                                         AR2002076730
Consideration (cont.)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           8 April 2003                  
	DOCKET NUMBER:   AR2002076730

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

| Mr. Carl W. S. Chun | | Director
| Mr. G. E. Vandenberg | | Analyst

  The following members, a quorum, were present:

| Mr. Raymond J. Wagner | | Chairperson
| Ms. Barbara J. Ellis | | Member
| Ms. Linda M. Barker | | Member

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records

	Exhibit B - Military Personnel Records (including advisory opinion, if any)

APPLICANT REQUESTS:  That his basic pay entry date (BPED) be corrected and based on that correction that his retired pay due be adjusted.

APPLICANT STATES:  In effect, that his BPED should be adjusted to the date he signed his ROTC enlistment contract, 5 September 1974.  He contends that due to changes in the law that his BPED should be 5 September 1974, the date he entered Reserve Officer Training Corps (ROTC), not 15 May 1977, the day he was commissioned.

EVIDENCE OF RECORD:  The applicant's military records show that:

The applicant entered the ROTC program on 5 September 1974.  The record contains no evidence that the applicant served with a Reserve unit while participating in the ROTC program.  

The applicant was commissioned a second lieutenant, on 15 May 1977, and entered active duty on 31 May 1977.  He had continuous service until his early retirement on 31 August 1994.

The applicant’s record contains a copy of DA Form 3713 (Data for Retired Pay) that shows the applicant submitted a voluntary request for retirement and was placed on the Retired List effective 1 September 1994.  Both the DA Form 3713 and the worksheet, which was completed in preparation of his retirement on 2 September 1993, show that he would be retiring with 17 years and 3 months of service.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his date of entry on active duty as 31 May 1977, that he had 17 years and 3 months of continuous service, no prior active service, and 16 days of prior inactive service.  It shows that he retired on 31 August 1994, under Army Regulations 635-100, chapter 4, with a narrative reason of voluntary early retirement.  

This case was forwarded to the Army Reserve Personnel Command, Personnel Support Division (ARPC-PSD) for an advisory opinion.  The opinion rendered by the Veterans Support Branch ARPC-PSD states that the applicant’s records do not contain a copy of a DA Form 4824-R SMP (Simultaneous Membership Program) agreement.  It also notes that the ROTC-SMP program did not exist until 1979, and that under Title 10, United States Code (USC) §23, the period of service in question is not creditable for military retirement.

A copy of the advisory opinion was forwarded to the applicant; there is no evidence that the applicant responded to the opinion.

Public Law (PL) 104-201, section 507 established the Simultaneous Membership Program (SMP).  This program authorizes ROTC contracted cadets to simultaneously serve as members of the United States Army Reserve (USAR) and ROTC as officer trainees.  The program is available for all non-scholarship cadets and is mandatory for all Guaranteed Reserve Forces Duty Scholarship (GRFD) recipients.  Cadets with "campus-based" scholarships are not eligible to participate in the program unless they convert that type of scholarship to a GRFD Scholarship.  Cadets who participate in the program receive credit for time in service that will be applied toward pay and retirement.  It states that a cadet contracted in the ROTC/SMP while a member of the ARNG or USAR who drills with a unit while in a cadet status, i.e., Basic Training, AIT, Annual Training, is entitled to military service credit for pay and retirement purposes.  The program was enacted by the 104^th Congress and made retroactive for those members who participated in the program no earlier than 1979.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The Board notes that the applicant completed his ROTC training two years before the earliest effective date for participation in SMP.  Further, there is no evidence that the applicant participated in any program similar to the SMP or that he preformed duty with as an enlisted member of the ARNG or USAR during his ROTC participation.

2.  Without actual participation in the SMP or a similar program there is no evidence to support the applicant’s request. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RJW__  ___BJE _  ___LMB _  DENY APPLICATION

	Carl W. S. Chun
	Director, Army Board for Correction
	of Military Records

INDEX

CASE ID | AR23002076730
SUFFIX |
RECON |
DATE BOARDED | 20030408
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 100.02
2. | 1
3. |
4. |
5. |
6. |