RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040010543


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his pay entry basic date (PEBD) be changed
from 14 July 1978 to 22 March 1977.  He also requests to be paid all back
pay to which he is entitled.

2.  The applicant states that his PEBD was inaccurately changed without his
knowledge during his retirement out-processing at Fort Knox, Kentucky in
August 2000.

3.  The applicant provides a letter from the Defense Finance and Accounting
Service in Denver, Colorado; a Corrected Copy of a DA Form 1506 (Statement
of Service – For Computation of Length of Service for Pay Purposes); and
his Reserve Retirement Points Accounting Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 September 2000.  The application submitted in this case is dated 22
November 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 17 November
1976 for a period of six years.  He enlisted in the Regular Army on 7 April
1977 for a period of four years.  His DD Form 1966/1 (Record of Military
Processing – Armed Forces of the United States) shows his PEBD as 17
November 1976.

4.  The applicant was released from the Regular Army on 6 July 1981 and he
was transferred to the USAR Control Group (Reinforcement) on the date
following.

5.  The applicant's personnel records contain a DA Form 4836 (Oath of
Extension of Enlistment or Reenlistment) dated 11 September 1982 which
shows he was extended for a period of 9 months.  This document shows he was
serving as a member of a Troop Program Unit (TPU) of the USAR at that time.
6.  His personnel records contain a DA Form 4836 dated 13 August 1983 which
shows he extended his enlistment for an additional one year.  This document
shows he was a member of a TPU as a cadet.

7.  The applicant completed Reserve Officers' Training Corps (ROTC) and was
commissioned on 6 May 1984.  He was ordered to active duty on 3 August
1984.

8.  The applicant's original DA Form 1506 is not available.

9.  Headquarters, U.S. Army Armor Center and Fort Knox, Kentucky Orders 133-
0155 dated 12 May 2000 retired the applicant from active duty on 31 August
2000, released him from assignment and duty, and placed him on the retired
list on the date following.  The orders show he completed 22 years, 1 month
and 14 days total creditable service for basic pay.

10.  A Corrected Copy of his DA Form 1506 dated 28 August 2000 added his
inactive service in the USAR (ROTC/Simultaneous Membership Program (SMP))
from 11 January 1983 through 5 May 1984; amended his total creditable
service from 22 years, 1 month and 14 days to 23 years, 5 months and 9
days; and amended his PEBD from 17 July 1978 to 22 March 1977.

11.  Headquarters, U.S. Army Armor Center and Fort Knox Orders 241-0155
dated 28 August 2000 amended the applicant's date initially entered
military service to 17 November 1976.

12.  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 PEBD, the effective date of the increase will be 23 September
1996.

13.  In a previous case on the same issue an advisory opinion was obtained
from Headquarters, Department of the Army, G-1.  That office opined in that
previous case 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.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant's total service for pay was originally
computed without inclusion of his time in the SMP.

2.  The Corrected Copy of his DA Form 1506 dated 28 August 2000 reflects he
served in an inactive status in ROTC/SMP from 11 January 1983 through 5 May
1984, completed 23 years, 5 months and 9 days total creditable service and
his PEBD as 22 March 1977.

3.  Although the applicant's SMP contract is not available, the DA Forms
4836 dated 11 September 1982 and 13 August 1983 are accepted as sufficient
evidence to show he actually did serve in the SMP.

4.  When the applicant's retirement orders were amended to change his date
initially entered military service, they should also have been amended to
show his correct years of total creditable service as 23 years, 5 months
and 9 days.

BOARD VOTE:

MM______  JM______  JG______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

      a.  by amending his PEBD to show 22 March 1977;

      b.  to show he completed 23 years, 5 months and 9 days total
creditable service; and

      c.  to pay him all due retired pay as a result of the above
corrections.




                            Melvin Meyer__________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010543                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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