RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20080004007
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.
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 that his U.S. Army Combined Arms Center and Fort Leavenworth Orders 025-0008, dated 25 January 2008, be corrected to give him credit for being in the Simultaneous Membership Program (SMP) from 23 August 1983 through 18 May 1985.
2. The applicant states that his retirement orders are in error because it does not include his cadet time when he was in the SMP.
3. The applicant provides supporting documents numbers 1 through 6 listed in the letter addressed "To Whom It May Concern."
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the USAR on 28 April 1982. On 24 August 1983, he enlisted in the USAR Control Group (ROTC). A DA Form 4824 (Simultaneous Membership Agreement) is not available.
2. The applicant provided a Leave and Earnings Statement (LES) for the period November 1983, which show he performed drills with his Troop Program Unit (TPU) during the period 5 through 6 November 1983 and 19 through
20 November 1983.
3. The applicant's Summary Statement of Retirement Points shows he attended drills (earned inactive duty training points) as an enlisted member with his TPU from 28 April 1982 through 17 May 1985.
4. The applicant was discharged from ROTC on 17 May 1985 to accept a commission. On 18 May 1985, he was appointed as a Reserve commissioned officer of the U.S. States Army.
5. The applicant entered active duty on 23 September 1988.
6. A Service Computation for Retirement shows the applicant had enlisted service from 28 April 1982 through 17 May 1985 and commissioned service from 18 May 1985 through 30 September 2008.
7. U.S. Army Combined Arms Center and Fort Leavenworth Orders 025-0008, dated 25 January 2008, shows the applicant's Section 1405 service as: 20 Years, 06 Months, 28 Days; and his Basic Pay service as: 24 Years, 08 Months, 9 Days.
8. 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.
9. 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 23 September 1996, the date of enactment. 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.
10. 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 applicant contends that he was in the SMP while he was in ROTC. The evidence of record shows he was assigned to a TPU and actively participated with that unit during the entire period he was in ROTC. Two documents, an LES for the period November 1983 and his Summary Statement of Retirement Points, indicate the applicant was in the SMP. However, a DA Form 4824 is not available.
2. The documents provided are accepted as sufficient evidence to show that the applicant was in the SMP during the period 24 August 1983 through 17 May 1985 as he was assigned to a USAR TPU during the time he was in ROTC.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
__XXX __ __XXX __ ___XXX_ 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 he was in the SMP for the entire period he was in ROTC (24 August 1983 through 17 May 1985) and that his PEBD be adjusted accordingly if not already done so;
b. amending U.S. Army Combined Arms Center and Fort Leavenworth Orders 025-0008, dated 25 January 2008 accordingly; and
c. paying him all back pay and allowances due him as a result of this correction, if applicable.
____ XXX______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080004007
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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