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ARMY | BCMR | CY2002 | 2002074096C070403
Original file (2002074096C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002074096


         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. Lee Cates Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Stanley Kelley Member
Mr. John P. Infante 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 his records be corrected to show that he was authorized back pay for his SMP (Simultaneous Membership Program) based on his adjusted Pay Entry Basic Date (PEBD).

3. The applicant makes reference to Public Law 104-201, section 507 (23 September 1996), which essentially authorizes payment for SMP service.

4. The applicant’s military records show that his Army Reserve (USAR) service was as follows:

         FROM                       TO                         TYPE SERVICE

         900412            910613            No active duty

         910614            910802            Active duty for training

         910803            910902            No active duty

910903            940127            Reserve Officer Training Corps
(ROTC)/SMP

         940128            940305            No active duty

         940306            020115            Active duty

         020116            Present           Control Group (Reinforcement)

5. Based on the applicant’s 13 November 2001 request, his PEBD was verified as 900412. This included his Selected Reserve Service (SMP) credited while in the ROTC.

6. On 2 April 2002, the Retirement Points Accounting System confirmed his PEBD as 900412.

CONCLUSIONS:

1. The evidence of record clearly shows his PEBD was corrected to 900412 based on his SMP time, and his records should be corrected by showing he is due pay based on this time served.

2. 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 showing that the individual concerned is due pay based on his corrected PEBD of 900412.

BOARD VOTE:

_SK____ __RVO___ _JPI____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O'Connor, Jr.
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2002074096
SUFFIX
RECON
DATE BOARDED 20020718
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 104.03
2.
3.
4.
5.
6.


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