PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 April 2002
         DOCKET NUMBER: AR2001060226


         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. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Ronald E. Blakely		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. In addition, he requests back pay and correction of his Pay Entry Basic Date (PEBD) and Date Initially Entered Military Service (DIEMS).

3. The applicant states, in effect, that he was enrolled in the SMP at the same time he attended ROTC training and should receive service credit for his dual membership. He states his United States Army Reserve Unit was Company A, 2^nd Battalion, 335^th Regiment, 85^th Armor Division (Training). He has repeatedly been denied service credit for his participation in the SMP program from his local finance office, because of a lack of documentation. He petitioned the US Army Reserve Personnel Center for more documentation several times to no avail. He was informed his records may have been destroyed by fire. His last command prepared a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) to support his request, but the local finance office still refused to process the document without supporting documents, which may no longer exist.

4. The applicant’s military records show that he served in the United States Army Reserve (USAR) (Inactive) from 3 July 1984 to 7 September 1984; served in the USAR (SMP) from 8 September 1984 to 8 May 1986; served in the USAR (Inactive) from 9 May 1986 through 14 November 1986, and entered active duty 15 November 1986. He is currently a major serving on active duty.

5. A DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) reflects that the applicant enlisted in the USAR on 3 July 1984 for 8 years beginning in pay grade of cadet.

6. On 16 November 1985, the applicant completed a DD Form 2384, (Selected Reserve Educational Assistance Program (GI Bill) Notice of Basic Eligibility), which reflects his pay grade as E-5.

7. On 14 January 1986, the applicant completed a DA Form 61 (Application for Appointment), which reflects that he applied for a commission in the USAR. The form indicates that he attended Southeast Missouri State University, received a baccalaureate degree and was enrolled in military science for 2 years. Most importantly, it reflects in item 29, his source of commission as ROTC (SMP).

8. On 7 May 1986, orders were issued discharging the applicant from the USAR for the purpose of accepting a commission in the United States Armed Forces.

9. On 12 September 1986, orders were issued ordering the applicant to active duty with a reporting date of 16 November 1986.

10. His DA Form 4037 (Officer Record Brief) reflects his basic active service date as 15 November 1986, and his basic date of appointment and his 2^nd Lieutenant date of rank as 28 May 1986. It also reflects his source of commission as ROTC and that he was a distinguished military graduate.

11. His Leave and Earning Statement indicates a DIEMS date of 14 November 1986.

12. In the processing of this case, an advisory opinion was obtained from the US Total Army Personnel Command (PERSCOM). It was determined that substantial documentation was not provided in order for them to give credit for the SMP. In an earlier advisory it was noted that the applicant’s records did not contain a DA Form 4824-R (SMP Contract) or orders that discharged him from ROTC to enroll in the SMP. It was determined that the applicant’s PEBD and Basic Active Service Date is 9 May 1986 and that his DIEMS date is 3 July 1984.

13. The applicant responded by restating that despite the absence of some documentation, he was in fact a member of the SMP, and served in the USAR and ROTC from 3 July 1984, until his commissioning on 9 May 1986. He points out that his DA Form 61, Block 29, reflects that he was in the SMP. He also requests correction of his DIEMS date.

14. The ROTC/SMP is a voluntary officer training program designed to increase the number of ROTC officers available for Reserve Forces Duty. Subject to limitations, it permits an ROTC cadet to train in the ROTC Advanced Course while simultaneously participating as an officer-trainee in paid training assemblies with a U. S. Army Reserve troop program unit. To be eligible for ROTC/SMP participation, a cadet must be enrolled in the ROTC Advanced Course nonscholarship program; be assigned to a verified officer-trainee position in a TPU; meet the Army body composition/weight control standards; and agree to volunteer for commissioning under the provisions of the ROTC Early Commissioning Program on successful completion of the ROTC Advanced Course.

15. Message 161200Z Jan 97, DA Washington DC//DAPE-MPO-S// Subject: Service Credit for Senior ROTC Cadets and Midshipmen in the Simultaneous Membership Program (SMP), provided policy guidance and authority to recompute the PEBD based on service credit under the SMP.

16. 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.

17. Department of Defense Financial Regulation provides, in pertinent part, that the DIEMS date determines which retired pay formula(s) will be used. It is not used for any other purpose (for example, it is not used in the retired pay computation). The DIEMS date for service members who entered active duty from ROTC can be verified/established from their DD Form 4. The applicant completed a DD Form 4 on 3 July 1984 in conjunction with his participation in the ROTC program.

18. A staff member of the Board was unable to locate any of the unit attendance rosters for the period the applicant was assigned to Company A, 2^nd Battalion, 335^th Regiment, 85^th Division (Training).

CONCLUSIONS:

1. The applicant’s USAR reserve records cannot be located and the applicant has not provided a copy of documents showing his USAR contract was amended to include membership in the SMP, nor have attendance rosters showing he attended drill been located. However the applicant’s statement and supporting documentation, which reflect involvement with the SMP, such as the DA Form 61 and DD Form 4, convinces the Board that notwithstanding the absence of an SMP contract, it appears that he was simultaneously enrolled in the ROTC and SMP program from 8 September 1984 until 8 May 1986. Therefore, his PEBD should be adjusted in accordance with PL 104-201.

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. The applicant’s DD Form 4 reflects that he enlisted into the USAR on 3 July 1984 and his source of commission was the ROTC program and would therefore indicate that his DIEMS date should be corrected to read 3 July 1984. However, PERSCOM noted that his DIEMS has already been adjusted to 3 July 1984, therefore, action by this Board is not necessary.

4. 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 individual’s PEBD, in accordance with PL 104-201, to credit him with his membership in the SMP from 8 September 1984 through 8 May 1986; and

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

BOARD VOTE:

___fne___ ___reb__ ____bje_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Fred N. Eichorn___
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001060226
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020418
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.	1019
2.
3.
4.
5.
6.