RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050002766


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show that he served in the
Reserve Officers Training Corps (ROTC)/Simultaneous Membership Program
(SMP) from 31 January 1992 to 18 December 1993.

2.  The applicant states that he was not given credit for SMP while serving
as a National Guard Cadet at the University of Tennessee from 31 January
1992 to 18 December 1993, which consisted of 1 year, 10 months, and 18
days.

3.  The applicant provides a copy of his DD Form 214, a copy of his
National Guard Bureau (NGB) Form 22 (Report of Separation and Record of
Service), a copy his separation orders, a copy of a DA Form 1506 (Statement
of Service-For Computation of Length of Service for Pay Purposes), a copy
of his DA Form 2-1 (Personnel Qualification Record-Part II), and a copy of
his Statement of Retirement Points in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 April 1999, the date of his release from active duty (AD).
The application submitted in this case is dated 10 February 2005.

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’s military records show he enlisted as a cadet in the
Tennessee Army National Guard (TNARNG) and was enrolled in the ROTC/SMP as
a cadet from 31 January 1992 to 18 December 1993, for a total of 1 year,
10 months, and 18 days.

4.  He was appointed as a second lieutenant (2LT/O-1) in the Army Reserve
on 23 January 1994.  He was promoted to first lieutenant (1LT/O-2)
effective 23 January 1996.  He continued to serve until he was released
from AD on 1 April 1991, due to his non-selection, permanent promotion.  He
was transferred to the U.S. Army Reserve Control Group (Reinforcement).
5.  The applicant provides a copy of his DA Form 2-1 which shows in item
       6 (Military Occupational Specialties) that he was a cadet in the SMP
effective 31 January 1992.

6.  The DA Form 1506 the applicant submitted appears to have been self-
prepared.

7.  Item 18 (Remarks) of the applicant’s DD Form 214 does not show his
service as a SMP cadet.

8.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part, it
states that item 18 (Remarks) is used for entries required by Headquarters,
Department of the Army, for which a separate block is not available, and as
a continuation for entries in item 11, 13, and 14.

9.  Department of Defense (DOD) Financial Management Regulation, Volume 7A,
Chapter 1, covers basic pay.  Paragraph 010101 pertains to service which is
creditable.  Paragraph D pertains to other creditable service.
Subparagraph 010101d (10) states that for service to be creditable, a cadet
must be enrolled in an Army, Navy, or Air Force ROTC Program and
concurrently drilling in the Selected Reserve with duty performed on or
after 1 August 1979.

10.  Subparagraph 010101d (15) states that: prior provisions of law
excluded the
SMP from creditable service for commissioned officers effective 13 October
1964.  Public Law 104-201, section 507, dated 23 September 1996, amended
the provisions to provide service credit for the SMP retroactive to
1 August 1979. The revisions resulted in no increase in pay, retired or
retainer pay before the date of enactment, 23 September 1996.  Service in
the program for enlisted members who retain that status remains creditable
under all provisions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 2-1, item 6, shows that the applicant was
enrolled as a cadet in the SMP effective 31 January 1992.

2.  According to applicable regulation, the applicant is credited with
service in the ROTC/SMP; however, no increase in pay, retired or retainer
pay before the date of enactment, 23 September 1996, shall accrue to
applicants who were commissioned for service as an officer.  The applicant
is however entitled to correction of item 18 (Remarks) to show the entry,
"ROTC/SMP 920131-931218" (31 January 1992 to 18 December 1993).

BOARD VOTE:

_CVM___  __JEV__  __LB____  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 by showing in item 18 (Remarks), of his
DD Form 214,  the entry "ROTC/SMP" 920131-931218.




                            _____James_E. Vick________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002766                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20021001                                |
|DISCHARGE AUTHORITY     |AR 135-175                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |




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