RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           24 March 2005
      DOCKET NUMBER:  AR20050003989


      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. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Robert Rogers                 |     |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 records be corrected to give him active
duty credit for attending Ranger School while also being in the
Simultaneous Membership Program (SMP).

2.  The applicant states that his request for retirement was approved for
         30 November 2005; however, he is now being told that he does not
have enough active duty time for eligibility to retire on that date because
two months of his active duty attendance at the Ranger School will not be
counted unless he can produce a DA Form 4824 (Simultaneous Membership
Agreement).  Although he has numerous pieces of evidence of being an SMP
with the 861st Reserve Quartermaster Company and attended Ranger School
during his time as a Reserve Officers' Training Corps (ROTC) cadet, he
cannot produce this one form from 17 years ago.

3.  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 10 February 2005; attachment orders dated 13 July 1989; a Ranger
Course diploma; a DA Form 1307 (Individual Jump Record); an extract from
Army Regulation 145-1; his Officer Record Brief; and a U. S. Army Human
Resources Command printed review of his date initially entered military
service (DIEMS).

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving as an enlisted member in the Regular Army
when he was discharged on 12 August 1988 for the purpose of attending ROTC.
 His DD Form 214 shows he was transferred to the 861st Quartermaster
Company [U. S. Army Reserve].  He enlisted in the U. S. Army Reserve on 13
August 1988.  A DA Form 4824 is not available.

2.  The applicant's LES for the period February 1989 shows he performed
drills with his Troop Program Unit (TPU) from September 1988 through
February  1989.

3.  The applicant attended Ranger School from 3 June 1989 through 1 August
1989.  A review of records maintained by the U. S. Army Infantry School,
Ranger Training Brigade revealed that the applicant was ordered to active
duty to attend and was on active duty for the duration of the course.

4.  The applicant's LES for the period December 1989 shows he performed
drills with his TPU in December 1989.

5.  The applicant completed ROTC and was commissioned on 11 May 1990.  He
entered active duty on 26 May 1990.

6.  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.

7.  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.

8.  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.

9.  Army Regulation 145-1 (Senior Reserve Officers' Training Corps Program:
 Organization, Administration, and Training), paragraph 3-17b states that
enlisted members of the Army National Guard or the U. S. Army Reserve are
not eligible
to participate in the advanced course of the senior ROTC program except as
fully qualified SMP participants.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was in the SMP while he was in ROTC and
was therefore, in effect, on active duty while he attended Ranger Training.
 The evidence of record shows he was assigned to a TPU and actively
participated with that unit during the period he was in ROTC.  Records at
the U. S. Army Infantry School, Ranger Training Brigade confirm that he was
ordered to active duty to attend and was on active duty during the period
he attended Ranger School from 3 June 1989 through 1 August 1989.

2.  A DA Form 4824 is not available; nevertheless, in accordance with the
information provided by the advisory opinion in a previous case on the same
issue the Board accepts the evidence provided as sufficient to show the
applicant served in the SMP the entire time he was in ROTC.  The Board also
accepts the evidence of record at the U. S. Army Infantry School, Ranger
Training Brigade to show he was on active duty during the period 3 June
1989 through 1 August 1989.

BOARD VOTE:

__alr___  __reb___  __rr____  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 of the individual concerned be corrected by:


    a.  showing that the applicant was in the SMP during the period he was
in ROTC (13 August 1988 through 25 May 1990) and that his pay entry basic
date be adjusted accordingly if required; and

     b.  showing that he was on active duty during the period he attended
Ranger School (3 June 1989 through 1 August 1989) and that his basic active
service date be adjusted accordingly.




            ___Allen L. Raub______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003989                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060324                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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