RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 October 2007
DOCKET NUMBER: AR20070004658
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.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan
Chairperson
Mr. Chester A. Damian
Member
Mr. Ronald D. Gant
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 he be paid all back pay due to delays in longevity pay increases resulting from an erroneous pay entry basic date (PEBD). He also requests that his retired pay be recalculated.
2. The applicant states that his PEBD was recently (after he retired) adjusted to reflect his date of enlistment under the Simultaneous Membership Program (SMP)
3. The applicant provides his leave and earnings statements for the periods December 2005 and August 2006. He provided numerous other documents with a previous application that was administratively closed, to include his DD Form 214 (Certificate of Release or Discharge from Active Duty); a memorandum, dated 26 January 2007, from the Defense Finance and Accounting Service (DFAS); and a Letter of Acceptance, dated 13 August 1984.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U. S. Army Reserve (USAR) Control Group (Reserve Officers Training Corps (ROTC)) on 2 September 1983. He was accepted for assignment to a USAR troop program unit on 13 August 1984. He enlisted in the USAR (SMP) on 20 August 1984. He completed ROTC and was commissioned a second lieutenant on 24 June 1985. He entered active duty on 21 August 1985.
2. The applicants last leave and earnings statement, for the period August 2006, shows his PEBD was listed as 24 June 1985.
3. On 31 August 2006, the applicant retired in the rank of lieutenant colonel, O-5.
4. On or about 26 January 2007, DFAS corrected the applicants PEBD from 24 June 1985 to 20 August 1984.
5. 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 USAR 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.
6. 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 PEBD, the effective date of the increase will be 23 September 1996.
CONCLUSIONS:
1. The evidence of record shows the applicant entered ROTC in September 1983 and enlisted in the USAR (SMP) on 20 August 1984. During his service on active duty his PEBD was determined to be the date he was commissioned; i.e., 24 June 1985. His PEBD was never adjusted after passage of Public Law 104-201 in September 1996.
2. The applicants PEBD was finally adjusted to 20 August 1984, after he retired. It would be equitable to correct his records to show his PEBD was adjusted to 20 August 1984 prior to his retirement with all pay and allowances (by reason of earlier longevity increases), retroactive to 23 September 1996, due as a result of this correction. His retired pay should then be adjusted, if necessary, to account for this change to his basic pay.
BOARD VOTE:
__cd____ __cad___ __rdg___ 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 his PEBD was adjusted to 20 August 1984 while he was on active duty;
b. paying to him all back pay and allowances, retroactive to 23 September 1996, due him as a result of this adjustment; and
c. adjusting his retired pay, if necessary, to account for the change to his basic pay and paying him all due back retired pay, as applicable.
___Carmen Duncan______
CHAIRPERSON
INDEX
CASE ID
AR20070004657
SUFFIX
RECON
DATE BOARDED
20071030
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
128.15
2.
3.
4.
5.
6.
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