Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003084834C070212
Original file (2003084834C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 October 2003
         DOCKET NUMBER: AR2003084834


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. William D. Power Member
Mr. Frank C. Jones 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 his records be corrected to give him credit for being in the Simultaneous Membership Program (SMP) from 4 September 1986 through 7 May 1989.

3. The applicant states that he served in the SMP but he was not given credit for it since SMP time did not count before 1996. After he came back in the Army in June 2001, he discovered that the time counted. He worked as a cadet for 3 years in the U. S. Army Reserve (USAR) because he took a leave of absence one semester (about January 1987 through January 1988) from the Reserve Officers' Training Program (ROTC) but continued to work for the 100th Division.

4. The applicant's military records show that he enlisted in the USAR on 2 July 1984. On 4 September 1986, he enlisted in the USAR Control Group (ROTC). A DA Form 4824 (Simultaneous Membership Agreement) is not available.

5. The applicant provides several DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) as supporting evidence. One of the DA Forms 1380, dated 15 September 1986, indicates the applicant was a cadet in the SMP.

6. The applicant provides Leave and Earnings Statements (LESs) for the periods September through December 1986, January through October 1987 and December 1987, January through December 1988, and January through June 1989, which show he performed drills with his Troop Program Unit (TPU). (The June 1989 LES shows he was separated on 7 May 1989 to accept a commission.)

7. The applicant was discharged from the USAR on 7 May 1989 to accept a commission.

8. The applicant entered active duty on 5 June 1989 and was discharged in the rank of captain on 14 June 1996.

9. The applicant reentered active duty as a captain in the Medical Service Corps around June 2001.

10. 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.

11. Public Law 104-201, section 507, dated 23 September 1996, amended the provisions of the law to provide service credit for the SMP retroactive to 1 August 1979, when SMP actually 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 a higher basic pay due to a change in the pay entry basic date (PEBD), the effective date of the increase will be 23 September 1996.

12. 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.

13. In the processing of this case, an advisory opinion was obtained from Headquarters, Department of the Army, G-1. That office opined that, if the applicant were participating in a TPU prior to entering ROTC, he would have had to be transferred to ROTC then enrolled in the SMP in order to return to a TPU.

14. A copy of the advisory opinion was provided to the applicant for comment. He, in effect, concurred with the advisory opinion. He was not sure exactly when his leave of absence was but believed it ran from 10 January 1987 to 10 January 1988. He restated, however, that he continued to drill with his TPU during the period of his leave of absence.

CONCLUSIONS:

1. The applicant contends that he was in the SMP while he was in ROTC. The evidence of record shows he was assigned to a TPU and actively participated with that unit during the entire period he was in ROTC. One document, a DA Form 1380 dated 15 September 1986, shows the applicant was in the SMP. However, a DA Form 4824 is not available.

2. Nevertheless, in accordance with the information provided by the advisory opinion, the Board accepts the evidence provided as sufficient to show the applicant served in the SMP the entire time he was in ROTC minus the period he was on a leave of absence. The Board also notes, however, that the applicant was actively serving with his TPU even during his leave of absence and so that period of time should be creditable for pay anyway.

3. The Board accepts for the sake of computation (and in the absence of evidence of a more definite time frame) that the applicant was not in the SMP during the period 1 January 1987 through 31 January 1988. As he was assigned to a USAR TPU during that time, adjustment of his PEBD should not be adversely affected.

4. The applicant may have to provide a summary of retirement points history to his servicing finance office to accurately compute his PEBD.

5. 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:

a. that the applicant was in the SMP for the entire period he was in ROTC (4 September 1986 through 7 May 1989) and that his PEBD be adjusted accordingly;

b. that if the applicant's period of service with his TPU while on leave of absence from ROTC has already been credited to him, that efforts be taken to ensure he does not receive double credit; and

c. that the applicant receive all back pay and allowances due him because of this adjustment.

BOARD VOTE:

__mhm___ __wdp___ __fcj___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer_____
                  CHAIRPERSON




INDEX

CASE ID AR2003084836
SUFFIX
RECON
DATE BOARDED 20030121
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 104.03.0003
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090013642

    Original file (20090013642.txt) Auto-classification: Approved

    The applicant requests that he be granted service credit for his participation in the Simultaneous Membership Program (SMP) and that his pay entry basic date (PEBD) be adjusted accordingly. The applicant's NGB Form 22 confirms he was discharged from the PAARNG on 27 December 1987 and was credited with 1 year, 3 months, and 26 days of service in the SMP. The DODFMR, volume 7A, subparagraph 010101.B, states that for most members who enter and serve on active duty without a break in service,...

  • ARMY | BCMR | CY2008 | 20080004007

    Original file (20080004007.txt) Auto-classification: Approved

    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. The documents provided are accepted as sufficient evidence to show that the applicant was in the SMP during the period 24 August 1983 through 17 May 1985 as he was assigned to a USAR TPU during the time he was in ROTC. As a result,...

  • ARMY | BCMR | CY2003 | 2003085964C070212

    Original file (2003085964C070212.rtf) Auto-classification: Approved

    The applicant states that in the early years of the SMP, the DA Form 4824-R was not required to be forwarded to the member's Military Personnel Records Jacket. Therefore, it appears the applicant meets the eligibility requirements to have her membership time in the SMP from 3 January 1980 through 29 July 1981 credited towards her PEBD. That all of the Department of the Army records related to this case be corrected by showing that the DA Form 4824-R prepared for the applicant on 4 January...

  • ARMY | BCMR | CY2005 | 20050003989C070206

    Original file (20050003989C070206.doc) Auto-classification: Approved

    The applicant provides a DD Form 214 for the period ending 12 August 1988; an enlistment contract dated 13 August 1988; a DA Form 61 (Application for Appointment); a DA Form 71 (Oath of Office – Military Personnel); three leave and earnings statements (LESs) for the periods February 1989, December 1989, and July 2001; a DA Form 1506 (Statement of Service – for Computation of Length of Service for Pay Purposes); a memorandum from the U. S. Army Infantry School, Ranger Training Brigade dated...

  • ARMY | BCMR | CY2006 | 20060006322

    Original file (20060006322.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 February 2007 DOCKET NUMBER: AR20060006322 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. The applicant provides copies of pages 1 through 8 of a DD Form 1966 (Application for Enlistment), a DA Form 4824-R (Addendum to Certificate for Personnel Applying for Participation in the ROTC/SMP), a DD Form 4/1,...

  • ARMY | BCMR | CY2001 | 2001060226C070421

    Original file (2001060226C070421.rtf) Auto-classification: Approved

    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. 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...

  • ARMY | BCMR | CY2003 | 2003088774C070403

    Original file (2003088774C070403.rtf) Auto-classification: Approved

    The applicant provides three Leave and Earnings Statements (LESs); Orders 4-1 dated 13 May 1983; an email from Mr. Ron G___; appointment orders dated 14 May 1983; his oath of office dated 14 May 1983; his enlistment agreement dated 1 September 1977; his Army Senior Reserve Officers' Training Corps (ROTC) contract dated 1 September 1977; and a DA Form 1506 dated 28 February 2003. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to...

  • ARMY | BCMR | CY2010 | 20100013229

    Original file (20100013229.txt) Auto-classification: Approved

    The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 30 November 1984 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 September 1985 * Joint Uniform Military Pay System – Army Leave and Earnings Statements (LES's) for the months of July 1985 through June 1987 * Orders 14-5, U.S. Army Third Reserve Officers' Training Corps (ROTC) Region, Senior Program, dated 19 May 1987 * Orders 93-6,...

  • ARMY | BCMR | CY2014 | 20140006045

    Original file (20140006045.txt) Auto-classification: Approved

    The applicant provides: * Memorandum from HRC, dated 29 April 2011 * ARPC Form 249-E, dated 3 May 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 October 2007 CONSIDERATION OF EVIDENCE: 1. The applicant was enrolled in the Reserve Officers' Training Corps (ROTC)/Simultaneous Membership Program (SMP) as of 23 January 1984. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the...

  • ARMY | BCMR | CY2009 | 20090012513

    Original file (20090012513.txt) Auto-classification: Denied

    A copy of his November 2006 LES that shows his grade as a cadet/E-5, his pay date as 22 May 2003, and his years of service as 3. c. A copy of his DA Form 1506 that shows his active and inactive USAR service as well as his active duty service. The evidence of record shows that the applicant initially enlisted in the USAR on 2 November 2001 and was discharged on 6 August 2002. The applicant subsequently executed an Army Senior ROTC non-scholarship cadet contract on 1 August 2004, to be...