RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 February 2007
	DOCKET NUMBER:  AR20060006322 


	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. G. E. Vandenberg

Analyst


The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Ms. Linda D. Simmons

Member

Mr. Michael J. 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 his records be corrected to give him credit for being in the Simultaneous Membership Program (SMP) from 1 April 1983 through 31 March 1985.

2.  The applicant states he enlisted as an SMP/ROTC (Reserve Officers Training Corps) cadet program and served concurrently with his school attendance.  He was a section leader and served in that capacity while enrolled in the ROTC program.  He states that the one missing page of the ROTC/SMP contract should not erase the fact that he performed duties as an ROTC/SMP cadet in the 430th Replacement Detachment.  

3.  The applicant provides copies of pages 1 through 8 of a DD Form 1966 (Application for Enlistment), a DA Form 4824-R (Addendum to Certificate for Personnel Applying for Participation in the ROTC/SMP), a DD Form 4/1, and a 6 April 2006 ARPC Form 249-2-E (Chronological Statement of Retirement Points). 

CONSIDERATION OF EVIDENCE:

1.  The records show the applicant enlisted in the Army Reserve (USAR) on 1 April 1985 and was commissioned in the USAR on 1 April 1985.  

2.  The DD Form 1966/6 shows that the applicant was assigned to the 430th Replacement Detachment and a statement that the applicant would provide his own transportation to and from his Reserve meetings. 

3.  The DD Form 1966/7, at item 42J (Specific Option/Program Enlisted for) shows he enlisted in the USAR for 6 years in pay grade E-1 under the ROTC/SMP program with a Reserve duty assignment to the 430th Replacement Detachment. 

4.  The applicant completed a DA Form 4824-R initialing at item 2 the provisions of election of entry under the ROTC/SMP program.  Page two of the DA Form 4824-R (Simultaneous Membership Agreement) is not available.  

5.  The available DD Form 4 shows the applicant enlisted in the USAR as a cadet for 6 years with no prior service credit.  He signed section H (Conformation of Enlistment) and executed an oath of enlistment on 20 October 1983.

6.  The 6 April 2006 ARPC Form 249-2-E shows the applicant served in an enlisted status from 1 April 1983 through 31 March 1985 and as a commissioned officer from 1 April 1985 through the date of the report.  It shows he received 15 membership points, 40 inactive duty points, and 82 active duty points for 1983 -1984; and 15 membership points, 4 inactive duty points, and no active duty points for 1984 – 1985. 

7.  In the processing of this case, an advisory opinion was obtained from the Department of the Army, Human Resources Command, Chief, Accessions, Retirements, and Separations Branch.  The Chief noted the requirements for granting the additional credit and stated that they were not disputing that the applicant had participated in the SMP but were unable to grant the benefit because they were unable to determine the specific date of his entry into the program.  The Chief noted that applicant enlisted in the USAR on 1 April 1983, but did not enter the ROTC program until 20 October 1983.

8.  A copy of the opinion was forwarded to the applicant.  He responded by stating that he had completed two of the military sciences courses prior to entry into the ROTC program and had attended summer camp in 1983.

9.  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.

10.  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.



11.  Message 161200Z Jan 97, DA Washington DC//DAPE-MPO-S// Subject:  Service Credit for Senior ROTC Cadets and Midshipmen in the Simultaneous Membership Program (SMP), provided policy guidance and authority to recompute the PEBD based on service credit under the SMP.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates that the applicant enlisted under the ROTC/SMP program on 1 April 1983 and that he served in an SMP status until he received his commission on 1 April 1985.

2.  Because the record contains only the DD Form 4, dated 20 October 1983, the question is not whether or not the applicant was under the SMP but rather what was the official date of commencement.  

3.  The evidence of record shows he enlisted under the ROTC/SMP program, was assigned to a TPU and participated with that unit during the period he was in ROTC.

4.  The ARPC Form 249-2-E shows the applicant had 82 days of active duty during the period 1 April 1983 and 31 March 1984.  In order to accrue this time the applicant would have had to attend summer training and/or performed other active duty, in 1983, predating the execution of the DA Form 4 of record.  

5.  Based on the preponderance of evidence, it is therefore appropriate to show that the applicant enlisted in and participated under the ROTC/SMP program from the original date to his enlistment of 1 April 1983 through the date of his commission.

6.  Further, the applicant should be afforded service credit with any appropriate adjustment of his PEBD for his period of service under the SMP retroactive to 1 April 1983.  

7.  Should this adjustment result in additional entitlement to any pay or benefits, the effective date of that retroactive acton is 23 September 1996, the date of enactment of the change in law.

BOARD VOTE:

__BJE___  __MJF__  __LDS __  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 the applicant entered and participated in the ROTC/SMP as of 1 April 1983 with a PEBD of 1 April 1983; and

b.  showing that any entitlement to additional monetary benefits based on this correction is retroactive to 23 September 1996, the date of enactment of the change in law.




__     Barbara J. Ellis______
          CHAIRPERSON


INDEX

CASE ID
AR20060006322
SUFFIX

RECON
 
DATE BOARDED
20070201 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
129
2.

3.

4.

5.

6.