PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 October 2003
         DOCKET NUMBER: AR2002079162


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones II		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.

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2. The applicant requests that his records be corrected to show that he earned retirement points for the period 11 September 1980 through 12 May 1982, and that he earned 21 inactive drill points for the period 13 May 1986 through 12 May 1987.

3. He states that he was a drilling Reservist under the SMP (Simultaneous Membership Program) while attending college. He provides copies of his leave and earnings statements (LES) showing receipt of pay as a specialist five (E-5) during this period.

4. The applicant’s military records show that he entered the Army Reserve in an enlisted status on 11 September 1980 while participating in a non-scholarship Reserve Officer Training Corps (ROTC) program.

5. On 14 November 1980 he was transferred from the U. S. Army Control Group (ROTC) to the Headquarters and Headquarters Company, 24^th Military Intelligence Battalion under the SMP, effective 7 November 1980. He continued in this position until he was commissioned a second lieutenant in the Army Reserve on 13 May 1982. No copy of a SMP contract is contained in the record.

6. The applicant’s LESs covering the period January through March 1981 show that he was paid as an E-5 and attended a total of 10 drill periods during this time frame. A note on his January LES states that he was entered into the computer system in December 1980.

7. The applicant's DARP Form 249 (Chronological Statement of Retirement Points) shows that for retirement year ending (RYE) 12 May 1982, he is credited with 30 inactive duty points, 60 extension course points, 15 membership points, and 43 active duty points. There is no entry for the period 11 September 1980 through 12 May 1981.

8. A DARP Form 249, dated 15 February 1986, shows he was awarded 30 inactive points, 60 extension course points, 15 membership points, and 43 active duty points for the period 13 May 1981 through 12 May 1982 as a commissioned officer. It also shows award of 34 inactive points, 25 extension course points, 15 membership points, and 15 active duty points for the period 13 May 1983 through 12 May 1984.

9. The applicant’s LESs for the RYE 12 May 1987 shows that the applicant was paid for participation in 21 inactive duty drill periods. The NRPCC Form 1070/124 (Naval Reserve Retirement Points Record) shows 20 periods and there is no corresponding Army Reserve form available.

10. The applicant resigned his Army commission to accept appointment in the Naval Reserve on 3 April 1989.
11. Previous corrections made by the Navy to his retirement points record show that he earned 34 inactive points, 25 extension course points, 15 membership points, and 67 active duty points for the period 13 May 1983 through 12 May 1984.

12. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details and Transfers) paragraph 2-11, states that ROTC/SMP is a voluntary officer training program for cadets enrolled in the ROTC advanced course. These cadets are assigned to and accepted in a Reserve unit and perform duty in an enlisted capacity.

13. Army Regulation 140-185, (Training and Retirement Point Credits) paragraph 1-3, as then in affect, states that participants in the ROTC/SMP are authorized retirement points credit and to be paid for drills in the grade and years of service attained until they are commissioned. When commissioned, points and service credit are to be removed. If the participants are not commissioned, the points credit is retained toward entitlement to subsequent enlisted benefits and Reserve retirement.

14. Paragraph 2-2 states lists the types of retirement points credit as 1 point for each day served on active duty (AD), 1 point for each day served of active duty for training (ADT), 1 point for each inactive duty training (IDT) period, 1 point per credit hour for correspondence courses, and membership credit prorated as set forth in Appendix C.

15. Appendix C states that a member with less that a full retirement year will be credited with 10 membership points if they served between 232 and 255 days in an active status.

16. Public Law 104-201, section 507, September 23, 1996 granted retirement credit in the SMP to all participating service members. The benefit was made retroactive to all service members who were enrolled in the program as of 1 August 1979.

CONCLUSIONS:

1. Although an SMP contract is not available, the evidence provided shows that the applicant was performing duties under the SMP from the time of his enlistment in the Army Reserve, on 11 September 1980, until his commissioning date, 13 May 1982.

2. In accordance with regulations, as they were in effect at the time, his service credit during the SMP was properly deleted and not credited toward retirement.

3. However, legislation subsequently granted retroactive entitlement. This has made his SMP period of service is now fully creditable for retirement.

4. To fully and properly correct his records, a new base pay entry date and RYE date should be established. However, such a correction would require a complete recalculation of his retirement points for his entire military career. Since all of the necessary documentation to accomplish such a recalculation is no longer available, such an action would most likely result in significant complications and further errors.

5. Therefore, the most practical and equitable means to correct the records is to work backwards from his existing RYE date in correcting his retirement points.

6. His records should be corrected to show that he earned retirement points as shown below:

a. 11 September 1980 through 12 May 1981 (244 days), 11 points for IDT points and 10 membership points;

b. 13 May 1981 through 12 May 1982, 30 points for IDT, 60 points for correspondence courses, 15 membership points, and 43 points for AD/ADT.

c. 13 May 1983 through 12 May 1984, 34 points for IDT, 25 points for correspondence courses, 15 membership points, and 67 points for AD/ADT; and,

d. 13 May 1986 through 12 May 1987, 21 inactive drill periods and 15 membership points.

7. Therefore, in view of the foregoing findings and conclusions, the Board concludes that in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That his records be corrected by showing that he earned retirement points as shown below:

a. 11 September 1980 through 12 May 1981, 11 points for IDT points and 10 membership points;

b. 13 May 1981 through 12 May 1982, 30 points for IDT, 60 points for correspondence courses, 15 membership points, and 43 points for AD/ADT;

c. 13 May 1983 through 12 May 1984, 34 points for IDT, 25 points for correspondence courses, 15 membership points, and 67 points for AD/ADT; and,

d. 13 May 1986 through 12 May 1987, 21 inactive drill periods and 15 membership points.


BOARD VOTE:

__MHM__ __WDP__ ___FCJ_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Melvin H. Meyer__________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079162
SUFFIX
RECON
DATE BOARDED	20031021
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT,(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	Administrative changes
2.
3.
4.
5.
6.