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ARMY | BCMR | CY2001 | 2001054500C070420
Original file (2001054500C070420.rtf) Auto-classification: Approved



PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 August 2001
         DOCKET NUMBER: AR2001054500


         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:

Ms. June Hajjar Chairperson
Mr. Thomas F. Baxter Member
Mr. John T. Meixell 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) while he was also 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 training and should receive service credit for his dual membership.

4. In support of his request he submits a supporting letter and a Service Computation for Retirement Form.

5. The applicant’s military records show that he served in the Regular Army from 31 July 1970 until 27 July 1978 and served in the Army National Guard (ARNG) of Louisiana from 31 July 1978 until 21 May 1982. He participated in the SMP as member of the Louisiana State University ROTC and the ARNG from 24 August 1978 until his commissioning on 30 May 1980.

6. His DD Form 214 (Separation Document) reflects that he entered onto active duty, as a 2 nd Lieutenant, on 26 May 1982, achieved the rank of major and retired with an honorable discharge on 31 January 2000.

7. Orders 104-3 reflect that he was appointed a 2 nd Lieutenant in the ARNG on 30 May 1980.

8. The former professor of military science at Louisiana State University states the applicant was a member of the ROTC from 24 August 1978 to 16 May 1982. During this period of time, the applicant was concurrently a member of the Louisiana ARNG in the SMP and participated in the ROTC Early Commissioning Program.

9. His Leave and Earning Statement for the period 1 – 31 January 2000 reflects a pay entry basic date (PEBD) of 2 August 1970.

10. 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 or Basic Date of Appointment for officers or date of rank for officers.


CONCLUSIONS :

1. The applicant was simultaneously enrolled in the ROTC and SMP program from 24 August 1978 until his early commissioning (commissioning prior to receiving baccalaureate degree) on 30 May 1980. Therefore, in accordance with PL 104-201, his PEBD should be adjusted in recognition of the time spent in the SMP. The formula used to compute the new PEBD resulted in a PEBD which predates the applicant’s 31 July 1970 initial enlistment date. 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 retroactive to 31 July 1970.

3. In view of the foregoing, the injustice in 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. adjusting the applicant’s PEBD to 31 July 1970;
and

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

BOARD VOTE :

_jh__ _tfb_ jtm__ GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION



                                             ___June Hajjar____
CHAIRPERSON


INDEX



CASE ID AR2001054500
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010816
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1. 1019
2.
3.
4.
5.
6.


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