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ARMY | BCMR | CY2004 | 2004106058C070208
Original file (2004106058C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         02 DECEMBER 2004
      DOCKET NUMBER:  AR2004106058


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Laverne Berry                 |     |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.  In effect, the applicant requests that her PEBD (pay entry basic date)
be changed to reflect service credit under the simultaneous membership
program (SMP), and that she receive any pay and allowances based on this
change.

2.  The applicant states that she is resuming her quest to receive credit
for being a member of the SMP.  She was not informed that she could receive
such credit.

3.  The applicant provides a copy of leave and earning statements for 1983,
copies of statements of service (DA Form 1506), a copy of a 14 March 1981
enlistment contract (DD Form 4/1), a copy of an application for appointment
    (DA Form 61), a copy of a letter appointing her a Reserve second
lieutenant, a copy of an order discharging her from the Army Reserve, a
copy of a record of Reserve training for two dates in 1984, and a copy of
an order reassigning her to a Reserve unit.

CONSIDERATION OF EVIDENCE:

1.  The applicant's official military personnel file (OMPF) is not
available to the Board.  The evidence available is that provided by the
applicant.

2.  The one statement of service provided by the applicant shows that she
served in the Army Reserve from March 1974 to July 1974, in the Regular
Army from July 1974 to March 1981, and in the Army Reserve again from 14
March 1981 to 3 January 1983, all in an enlisted status.  It shows that she
was an ROTC (Reserve Officer Training Corps) cadet from 4 January 1983 to
13 December 1984, and a commissioned officer not on active duty from 14
December 1984 to  21 February 1986.  That statement shows that she was a
commissioned officer on active duty from 22 February 1986 to the date of
the statement of service,       1 July 1986.  The second statement of
service shows that she was a member of the SMP from 4 January 1983 to 14
December 1984.

3.  A copy of the DD Form 4 that the applicant submits with her request
shows that she enlisted in the Army Reserve for one year on 14 March 1981.


4.  The copies of leave and earning statements submitted with her request
show that she received pay in pay grade E-5 from January 1983 through
December 1983.

5.  She attended training with Detachment 1, 45th Station Hospital on
15 September 1984 and 16 September 1984.  Her grade is shown as E-5 cadet.
6.  The applicant was relieved from Detachment 1, 45th Station Hospital,
and discharged from the Army Reserve on 13 December 1984 in order to accept
a commission.  She was appointed a second lieutenant on 14 December 1984.

7.  On 15 December 1984 the applicant was relieved from the Army Reserve
Control Group (OADO) and assigned to Detachment 1, 45th Station Hospital.
The reason given was because of her voluntary assignment while in the ROTC
early commissioning program.

8.  The applicant indicates in her application to this Board that she was
medically retired on 4 April 2002; however, she provides no evidence
withal.

9.  DA message of 16 January 1997 implemented the provisions of Public Law
104-201, section 507, dated 23 September 1996, which amended the provisions
of the law to provide service credit for the SMP retroactive to 1 August
1979, when SMP actually began.  However, that revision does not result in
an increase in pay, retired or retainer pay before the date of the
enactment, 23 September 1996.  The message did say that if the credit
results in a higher basic pay due to a change in the PEBD, the effective
date of the increase would be 23 September 1996.  Officers who have
separated from active duty and are entitled to the service credit should
apply to this Board, providing a copy of the SMP contract, commissioning
orders, Statement of Service for Computation of Length of Service for Pay
Purposes, and DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  It is evident that the applicant was a member of the SMP in 1983 and
1984; however, there is insufficient evidence to grant her request.  Her
PEBD is unknown.  She has not provided a copy of her SMP contract or a copy
of her    DD Form 214.  The statements of service she provides are both
dated in 1986.
Without the above-mentioned documents, to include a recent statement of
service, her request cannot be granted.

2.  The applicant has submitted neither probative evidence nor a convincing
argument in support of her request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RW__  ___TO __  ___LB  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ____Raymond Wagner_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106058                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041202                                |
|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.       |128.00                                  |
|2.                      |129.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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