RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060007505 


	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.




Acting Director



Analyst


The following members, a quorum, were present:



Chairperson



Member



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 pay entry basic date (PEBD) be changed to reflect service credit under the simultaneous membership program (SMP).

2.  The applicant states that he should be credited with approximately 2 years time in service for his participation in the SMP.  He maintains that his service time as a SMP cadet was never credited to him due to the law in existence at the time he entered active duty in 1983.  The law pertaining to the SMP changed in 1996 and SMP credit was then allowed.  Therefore, he requests that his records be corrected to show his service in the SMP while serving in the United States Army Reserve Officer Training Corps (ROTC) and the United States Army National Guard.

3.  The applicant provides his ROTC contract, enlistment documents, orders, leave and earnings statements (LES), National Guard Bureau Form 22 and 22-1 (Report of Separation and Record of Service), computation of service documentation, letters of appreciation/commendation, and the Army/ACE Registry Transcript System (AATARS).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular Army and entered active duty on 28 September 1976.  He was honorably discharged on    10 September 1979 after serving 2 years, 11 months, and 13 days of active Federal service.  

2.  The applicant’s Enlistment/Reenlistment document shows that he enlisted in the United States Army Reserve (USAR) on 3 September 1980 as a cadet.  

3.  Orders 55-1 dated 25 November 1980 shows that the applicant was relieved from Company A, 26th Supply and Transportation Battalion, Marlboro, Massachusetts, and transferred to Headquarters and Headquarters Company, Supply and Transportation Battalion, Marlboro, Massachusetts as a "ROTC - Cadet, 09R20."  The effective date is listed as 1 December 1980.  

4.  Additionally, the letters of appreciation/commendation dated 12 December 1981 and 13 June 1982, respectively, show that the applicant received these letters while assigned to the Massachusetts Army National Guard. 


5.  The applicant provided two copies of his LES from the period 
1 through 31 December 1980 and from 1 through 30 April 1982.  The LES shows that the applicant was paid for drill duty while assigned to the Massachusetts National Guard in the pay grade of E-5. 

6.  The NGB Form 22 and 22-1 shows that the applicant was separated from the Army National Guard on 13 June 1982 to accept a commission.  The date of his service in the National Guard is listed from 1 December 1980 to 13 June 1982.

7.  Appointment order dated 1 September 1982 shows that the applicant was appointed as a Reserve commissioned officer in the grade of second lieutenant.  His date of acceptance was listed as 29 September 1982.

8.  The computation of service documents shows the following:  Enlisted, USAR, inactive time from 4 June 1973 to 27 September 1976 and 11 September 1979 to 28 August 1980; Enlisted, Regular Army, 28 September 1976 to 10 September 1979; Commissioned, USAR, 29 September 1982 to 30 September 1984.    

9.  The AATARS document was issued on 15 January 2006 and shows a list of military courses completed by the applicant and his military experience.  This document show that the applicant held military occupation specialty (MOS) 09R20 (Simultaneous Membership Program Participant).  The document stated that code 09R was used as the primary and duty MOS to report and identify USAR/ARNG individuals while enrolled in ROTC advanced course or scheduled for such enrollment.  

10.  The applicant’s Officer Record Brief lists his PEBD as 29 June 1978.  The applicant was retired on 31 December 2006.

11.  In the processing of this case, an advisory opinion was obtained from the Human Resource Specialist, Military Personnel Action Branch, U.S. Army Human Resources Command (HRC), St. Louis.  The Human Resource Specialist stated that based upon transfer orders in the applicant’s file that verify he was assigned in PMOS 09R20, and LESs that verifies he was paid in the grade of E5 and a LES which shows he earned 2 points for inactive duty training on 14 December 1980, the agency is reasonably sure that the applicant was a member of the SMP.  However, an effective date could not be determine.  

12.  On 18 October 2006, the applicant responded to the advisory opinion.  He objects to HRC-St. Louis statement concerning they are "reasonably sure" that the applicant was a member of SMP, but is unclear of the effective date.  He recaps the documentation provided in his application and states that if his application is approved, he requests that his PEBD and BASD be adjusted accordingly.

13.  On 27 February 2007, the Human Resource Specialist, Officer Retirements and Separation Section, HRC-Alexandria, recalculated the applicant’s service and established his SMP credit from 1 December 1980 to 28 September 1982.  Based upon the 1 year, 9 months and 28 days of SMP credit, his PEBD was adjusted to 20 September 1976 and a BASD of 14 October 1986.

14.  Department of Army 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.  Evidence of record shows that the applicant enlisted in the USAR on              3 September 1980 but was not assigned as an ROTC cadet in MOS 09R20 until 1 December 1980.  The applicant was separated from the Army National Guard on 13 June 1982 prior to accepting his Reserve commissioned appointment on  29 September 1982.  Therefore he is entitled to SMP credit from 1 December 1980 to 13 June 1982 and correction of his PEBD.

2.  There is no evidence that the applicant performed any active duty service during the time he was granted SMP credit.  Therefore, his BASD remain unchanged.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LS___  __JM ___  ___RV __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows:

a.  by showing his PEBD was corrected to 20 September 1976; and

b.  by showing he is entitled to receive all pay and allowances due based on the correction of his PEBD subsequent to 23 September 1996.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his BASD. 




_____Linda Simmons________
          CHAIRPERSON




INDEX

CASE ID
AR20060007505
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070322
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
112.00
2.

3.

4.

5.

6.