RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 SEPTEMBER 2005
DOCKET NUMBER: AR20040010786
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. Ronald DeNoia | |Analyst |
The following members, a quorum, were present:
| |Mr. James Anderholm | |Chairperson |
| |Mr. Bernard Ingold | |Member |
| |Mr. Michael Flynn | |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, in effect, that he be granted service credit
and any back pay and allowances due based on his participation in the
Simultaneous Membership Program (SMP).
2. The applicant states that upon being called to active duty for
Operation Iraqi Freedom (OIF) he became aware of the change in regulations
governing SMP service being applicable to Pay Entry Basic Date (PEBD).
3. The applicant provides a Leave and Earnings Statement (LES), a DA Form
5630-R (Reserve Forces Duty Preference Statement), an Annex to DD Form 4
(Simultaneous Membership Program Agreement), and a one page document
entitled "ROTC/SMP".
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records show that he served in the Georgia
Army National Guard (GAARNG), in the ROTC/ARNG SMP, from 1 October
1988 through 31 May 1990.
2. On 1 June 1990, he was commissioned in the rank of second lieutenant
(2LT) as a Reserve commissioned officer in the Army of the United States
and appointed in the GAARNG. He served in the ARNG until 1 November 2000,
at which time he was transferred to the USAR Control Group, St. Louis,
Missouri.
3. In accordance with US Army Human Resources Command Orders M-10-405976,
dated 7 October 2004, the applicant was recalled from the Control Group on
18 November 2004, and is currently serving on active duty in support of
Operation Iraqi Freedom. The applicant's PEBD date on those orders is
shown as 1 June 1990.
4. Title 10 of the United States Code, section 2106, as amended by the
Defense Authorization Act of 1 October 1996, provides the legal authority
for the commissioning of members upon completion of advanced training,
which includes members of the SMP, and for crediting service performed
during the period of advanced training when computing length of service for
any purpose. In addition, Army regulations mandate that SMP cadets receive
longevity service credit for periods of satisfactory participation in the
SMP and that they receive time in service credit for base pay calculations
for time served as an SMP member.
DISCUSSION AND CONCLUSIONS:
1. By law and regulation, Soldiers receive longevity and time in service
credit for base pay calculations for those periods of satisfactory
participation in the SMP.
2. The evidence of record shows that the applicant served in the Georgia
ARNG in an SMP status from 1 October 1988 through 31 May 1990. Therefore,
he should receive service credit for the period he participated in the SMP
and that his Pay Entry Basic Date (PEBD) should be adjusted accordingly.
In addition, it would be appropriate to provide him any back pay and
allowances due as a result of this longevity time in service adjustment.
3. In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:
___JA___ ___BI ___ ___MF__ 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. As a result, the Board recommends that all
Department of the Army records related to this case be corrected by
granting the individual service credit for his participation in the SMP and
adjusting his PEBD accordingly; and by providing him any back pay and
allowances due as a result.
_____James Anderholm____________
CHAIRPERSON
INDEX
|CASE ID |AR20040010786 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050922 |
|TYPE OF DISCHARGE |N/A PSRC IRR |
|DATE OF DISCHARGE |N/A PSRC IRR |
|DISCHARGE AUTHORITY |N/A PSRC IRR |
|DISCHARGE REASON |N/A PSRC IRR |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES 1. |100.0000.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2001 | 2001064677C070421
The applicant states, in effect, that because of her SMP status, beginning in 1998, her pay was erroneously garnished and she was unable to resolve this matter while still serving in a Troop Program Unit (TPU) of the United States Army Reserve (USAR). In addition, Army regulations mandate that SMP cadets receive longevity service credit for periods of satisfactory participation in the SMP and that they receive time in service credit for base pay calculations for time served as an SMP...
ARMY | BCMR | CY2011 | 20110020899
The applicant states: a. once commissioned, an officer's service in the SMP will count towards retirement and a higher rate of pay; b. he was a non-scholarship ROTC/SMP participant in the Arkansas Army National Guard (ARARNG) while enrolled in the University of Arkansas from 11 December 1982 to 10 May 1984; c. based on his ROTC service and participation in the SMP, he is entitled to 1 year and 5 months additional service credit, compensation for this service towards his retirement, and...
ARMY | BCMR | CY2002 | 2002067761C070402
The applicant’s military records show he participated in the SMP as a member of the Middle Tennessee State University ROTC and the ARNG from 14 October 1985 until his commissioning on 8 May 1987. On 14 October 1985, the applicant enlisted in the Tennessee ARNG. 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 also participated in the SMP, retroactive...
ARMY | BCMR | CY2007 | 20070013546C080213
The evidence of record shows the applicant entered ROTC in September 1983 and enlisted in the USAR (SMP) on 20 August 1984. It would be equitable to correct his records to show his PEBD was adjusted to 20 August 1984 prior to his retirement with all pay and allowances (by reason of earlier longevity increases), retroactive to 23 September 1996, due as a result of this correction. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2007 | 20070013546
The evidence of record shows the applicant entered ROTC in September 1983 and enlisted in the USAR (SMP) on 20 August 1984. It would be equitable to correct his records to show his PEBD was adjusted to 20 August 1984 prior to his retirement with all pay and allowances (by reason of earlier longevity increases), retroactive to 23 September 1996, due as a result of this correction. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2007 | 20070013546
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows the applicant entered ROTC in September 1983 and enlisted in the USAR (SMP) on 20 August 1984. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that his PEBD was adjusted to 20 August 1984 while he was on active duty; b. paying to him all back pay and...
ARMY | BCMR | CY2001 | 2001054500C070420
He participated in the SMP as member of the Louisiana State University ROTC and the ARNG from 24 August 1978 until his commissioning on 30 May 1980. 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 also participated in the SMP, retroactive to 1 August 1979 when the SMP began. BOARD VOTE : _jh__ _tfb_ jtm__ GRANT AS STATED IN RECOMMENDATION
ARMY | BCMR | CY2014 | 20140006045
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 | CY2001 | 2001060226C070421
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 | CY2009 | 20090013642
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,...