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ARMY | BCMR | CY2002 | 2002067761C070402
Original file (2002067761C070402.rtf) Auto-classification: Approved



PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR2002067761


         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. Irene N. Wheelwright Chairperson
Mr. Arthur A. Omartian Member
Mr. Thomas Lanyi 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, in effect, that he was enrolled in the SMP and the Army National Guard (ARNG) at the same time he was enrolled in the ROTC program at Middle Tennessee State University and he should receive service credit for his dual membership. His original Pay Entry Basic Date (PEBD) was 14 October 1985 and was later incorrectly adjusted to 9 May 1987.

4. In support of his request he submitted copies of military orders, enlistment contracts and leave and earning statements.

5. The applicant’s military records show he participated in the SMP as a member of the Middle Tennessee State University ROTC and the ARNG from 14 October 1985 until his commissioning on 8 May 1987.

6. A National Guard Bureau Form 22 (Report of Separation and Record of Service) reflects that as a member of the Tennessee, ARNG the applicant entered service on 14 October 1984 and was honorably separated on 8 May 1987.

7. On 14 October 1985, the applicant enlisted in the Tennessee ARNG. An addendum indicates he also enlisted for the ROTC program at Middle Tennessee State University. On the same date, he signed a DA Form 597 (Army Senior ROTC Student Contract) enrolling in the ROTC Advanced Course.

8. Orders were issued discharging the applicant from the ARNG effective 8 May 1987.

9. Effective 9 June 1997 the applicant was appointed a second lieutenant in the ARNG of Tennessee.

10. His November and December 1985 leave and earning statement reflects a PEBD of 14 October 1985.

11. Examples of his leave and earning statements covering the period October 1987 through January 2002 reflect a PEBD date of 9 May 1987.

12. His May 2002, leave and earning statement reflects a PEBD of 14 October 1985.




13. The SMP is a volunteer officer-training program, which allows individuals to simultaneously participate in an ARNG or United States Army Reserve (USAR) unit, and ROTC advanced course. Participants are administratively advanced (not promoted) to the rank of cadet and are entitled to Reserve Component pay of E-5, or higher, as well as the ROTC monthly stipend. The SMP program allows future officers the opportunity to gain valuable on-the-job experience, knowledge and a strong relationship with the ARNG or USAR.

14. 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 14 October 1985 until his commissioning on 8 May 1987. Therefore, in accordance with PL 104-201, his PEBD should be adjusted to 14 October 1985, in recognition of the time spent in the SMP.

2. From the evidence available it appears the applicant's pay was based on an incorrect PEBD from approximately October 1987 until April 2002. Therefore, 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 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 PEBD of the individual concerned to 14 October 1985 in accordance with PL 104-201, to credit him with participating in the SMP while he was also enrolled in the ROTC program; and

b. paying to him all back pay for any period in which his pay was not in accordance with PL 104-201.

BOARD VOTE :

__inw _aao _tl___ GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION



                                             _Irene N. Wheelwright
CHAIRPERSON


INDEX



CASE ID AR2002067761
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020827
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1019
2.
3.
4.
5.
6.


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