| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Robert L. Duecaster | Member |
APPLICANT REQUESTS: In effect, that the time he spent in the Advanced Course, Reserve Officers Training Corps (ROTC), be shown to be Simultaneous Membership Program (SMP) service. As a result of this correction, he also requests that he be given service credit for the time he was in the ROTC.
APPLICANT STATES: That he thought he was an SMP cadet, so it is possible that the SMP addendum was omitted in error. If that is the case, he is entitled to service credit in accordance with the law that granted credit for SMP service. If he wasn’t an SMP cadet, his service time and retirement points should not have been excluded from his records to begin with.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 3 August 1976. He was awarded the Military Occupational Specialty of Flight Operations Coordinator and was promoted to pay grade E-5. He was honorably released from active duty on 22 April 1981.
He was then assigned to an Army Reserve Troop Program Unit (TPU).
He was enrolled in the Advanced Course, ROTC, on 16 January 1983. He enlisted as a cadet in the ROTC Control Group on 9 August 1983. He was discharged from his status as a reservist assigned to a TPU on 10 August 1983.
On 12 December 1984, the applicant was discharged from the ROTC Control Group due to his commission as a second lieutenant the following day.
On the date the applicant submitted his request to the Board, he was assigned to the Retired Reserve in the rank of captain.
Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of 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 was established. The law specifies that these PEBD adjustments will not be grandfathered for pay, that any adjustment of a soldier’s PEBD will only entitle him or her to an increase in pay from the date the law was passed. The SMP service credit affects only the PEBD for pay purposes. It does not affect the Basic Active Duty Date (BASD), Basic Date of Appointment (BDA), or Date of Rank (DOR) for officers.
Army Regulation 145-1, paragraph 3-14, states that the following personnel are not eligible for enrollment or conditional enrollment in the ROTC advanced course:
(1) Warrant officers of the Reserve Components of the U.S. Armed Forces.
(2) Enlisted members of the Reserve Components of the U.S. Armed Forces except those fully qualified to participate in the SMP or those who have enlisted in USAR Control Group (ROTC).
Paragraph 3-17 of this regulation states that enlisted members of the ARNG or the USAR are not eligible to participate in the advanced course of the ROTC program except as a fully qualified SMP participants. The SMP participants must be U.S. citizens. Conditional enrollment is not authorized. Cadets in the advanced course who have been selected to participate in the SMP will be assigned to troop units of the ARNG or USAR.
Army Regulation 601-210, paragraph 10-3, limits the number of cadets assigned to a TPU to three cadets for each assigned officer in a valid position.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. There is no evidence that the applicant enlisted as an ROTC/SMP cadet.
2. There is no evidence that the applicant attended training with his former TPU after his enlistment in the ROTC Advanced Course. Since discharge orders from the applicant’s TPU were published expeditiously, it is doubtful that he attended training with his former unit after his enlistment in the ROTC Advanced Course.
3. The law that grants service credit for SMP participation specifically limits this credit to SMP cadets. It is apparent from this limitation that Congress intended to grant service credit to those cadets who were actually training with their TPU’s. Since there is no evidence that the applicant ever trained with his TPU after his enlistment in the ROTC Advanced Course, he does not meet the criteria or intent of the law to be awarded service credit for his ROTC Advanced Course attendance.
4. Why the applicant was not selected for ROTC/SMP with his unit is not a matter of record. It could be that his unit had already reached its limit on ROTC cadets in accordance with AR 601-210. Or it could be that the applicant did not want his duties as a reservist to interfere with his education. Whichever the
case, without evidence that the applicant was contracted to be an SMP participant, and was not made an SMP participant due to an error or injustice, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___mdm _ ____sac_ ____rld__ DENY APPLICATION
| CASE ID | AR2002083006 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020508 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 135.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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