Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110020899
Original file (20110020899.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20110020899 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests service credit under the Reserve Officers’ Training Corps (ROTC)/Simultaneous Membership Program (SMP).

2.  The applicant states:

	a.  once commissioned, an officer's service in the SMP will count towards retirement and a higher rate of pay;

   b.  he was a non-scholarship ROTC/SMP participant in the Arkansas Army National Guard (ARARNG) while enrolled in the University of Arkansas from 11 December 1982 to 10 May 1984;
   
   c.  based on his ROTC service and participation in the SMP, he is entitled to 1 year and 5 months additional service credit, compensation for this service towards his retirement, and resulting back pay over his 24-year career; and
   
   d.  his DD Form 214 (Certificate of Release or Discharge from Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) both confirm he never received credit for his service performed under the SMP.

3.  The applicant provides:

* NGB Form 22
* DA Form 4037 (Officer Record Brief)
* DD Form 214
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DA Form 61 (Application for Appointment)

CONSIDERATION OF EVIDENCE:

1.  The applicant’s DD Form 4 shows he enlisted in the U.S. Army Reserve (USAR) on 23 August 1982, for a period of 6 years.  It also shows he completed a DA Form 597 (Army Senior ROTC Non-Scholarship Cadet Contract) entering into an agreement with the United States Army as an ROTC cadet to attain a commission.  The DA Form 597 is not available.

2.  The applicant’s NGB Form 22 reflects he enlisted in the ARARNG on 11 December 1982 and continued to serve until he was honorably discharged on 10 May 1984.

3.  Item 12 (Military Education) of the NGB Form 22 contains the entry "ROTC (SMP) 4 yrs 1984."  This form also shows the applicant's rank upon separation from the ARNG on 10 May 1984 was sergeant (SGT/E-5).

4.  A DA Form 71 (Oath of Office-Military Personnel) shows the applicant was commissioned as a second lieutenant on 11 May 1984.

5.  On 22 September 1984, the applicant entered active duty in the Regular Army (RA) and continued to serve until he retired 31 October 2008, in the rank of lieutenant colonel (LTC).  The DD Form 214 issued at that time shows he completed 24 years, 1 month, and 9 days of creditable active duty service and 4 months and 11 days prior inactive service.

6.  The applicant’s ARPC Form 249-E (Chronological Statement of Retirement Points) prepared on 4 April 2012 documents his RA service from May 1985 through 30 October 2008, but does not credit him with any points for his service in the AKARNG completed from 11 December 1982 to 10 May 1984.

7.  National Guard Regulation 600-100, paragraph 13-1, states the SMP is a dual status program that requires Reserve Component enlisted status and USAR Control Group (ROTC) participation.

8.  Title 10 of the U.S. Code, section 2106, as amended by the Defense Authorization Act of 1 October 1996, provides the legal authority for the commissioning of members upon completion of advanced training, which includes members of the SMP, and for crediting service performed during the period of advanced training when computing length of service for any purpose.  In addition, Army regulations mandate that SMP cadets receive longevity service credit for periods of satisfactory participation in the SMP on or after 1 August 1979, and that they receive time in service credit for base pay calculations for time served as an SMP member.

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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he should receive service credit and any back pay and allowances due as a result of his participation in the ROTC/SMP has merit.  By law and regulation, members receive longevity and time in service credit for base pay calculations for those periods of satisfactory participation in the SMP.

2.  The evidence of record shows he was a member of the ARARNG ROTC SMP from the time he enlisted in the ARNG on 11 December 1982 until on 10 May 1984, as shown on his NGB Form 22.  Therefore, he should receive service credit for the period he participated in the SMP and his Pay Entry Basic Date (PEBD) should be adjusted accordingly.  In addition, it would be appropriate to provide him any back pay and allowances and back retired pay due a result of this longevity time in service adjustment.

BOARD VOTE:

___X____  ___X____  ___X____  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 he participated in the SMP from 11 December 1982 through 10 May 1984, and that this time be counted as creditable service for pay purposes; and
   
   b.  having the Defense and Finance Accounting Service audit his records and pay him back pay and allowances and back retired pay as authorized as a result of this correction.




      _______ _  X_______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110020899





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020899



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090013642

    Original file (20090013642.txt) Auto-classification: Approved

    The applicant requests that he be granted service credit for his participation in the Simultaneous Membership Program (SMP) and that his pay entry basic date (PEBD) be adjusted accordingly. The applicant's NGB Form 22 confirms he was discharged from the PAARNG on 27 December 1987 and was credited with 1 year, 3 months, and 26 days of service in the SMP. The DODFMR, volume 7A, subparagraph 010101.B, states that for most members who enter and serve on active duty without a break in service,...

  • ARMY | BCMR | CY2014 | 20140006045

    Original file (20140006045.txt) Auto-classification: Approved

    The applicant provides: * Memorandum from HRC, dated 29 April 2011 * ARPC Form 249-E, dated 3 May 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 October 2007 CONSIDERATION OF EVIDENCE: 1. The applicant was enrolled in the Reserve Officers' Training Corps (ROTC)/Simultaneous Membership Program (SMP) as of 23 January 1984. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the...

  • ARMY | BCMR | CY2007 | 20070013546C080213

    Original file (20070013546C080213.TXT) Auto-classification: Approved

    The evidence of record shows the applicant entered ROTC in September 1983 and enlisted in the USAR (SMP) on 20 August 1984. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2007 | 20070013546

    Original file (20070013546.txt) Auto-classification: Approved

    The evidence of record shows the applicant entered ROTC in September 1983 and enlisted in the USAR (SMP) on 20 August 1984. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2007 | 20070013546

    Original file (20070013546.doc) Auto-classification: Approved

    Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record shows the applicant entered ROTC in September 1983 and enlisted in the USAR (SMP) on 20 August 1984. 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...

  • ARMY | BCMR | CY2002 | 2002067761C070402

    Original file (2002067761C070402.rtf) Auto-classification: Approved

    The applicant’s military records show he participated in the SMP as a member of the Middle Tennessee State University ROTC and the ARNG from 14 October 1985 until his commissioning on 8 May 1987. On 14 October 1985, the applicant enlisted in the Tennessee ARNG. Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of the law to provide service credit to officers commissioned from the ROTC Advanced Course program who also participated in the SMP, retroactive...

  • ARMY | BCMR | CY2005 | 20050009020C070206

    Original file (20050009020C070206.doc) Auto-classification: Denied

    It further shows that she was credited with zero points for the period 27 August 1984 through 8 May 1987. It further shows that she was credited with zero points for the period 27 August 1984 through 8 May 1987. The evidence of record shows that the applicant was credited with 73 retirement points during the period 2 December 1983 through 26 August 1984 and had completed 8 months and 25 days of service, which was a partial qualifying year for retirement purposes.

  • ARMY | BCMR | CY2006 | 20060007505

    Original file (20060007505.txt) Auto-classification: Approved

    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. 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. There is no evidence that the applicant performed any active duty service during the time he was granted SMP credit.

  • ARMY | BCMR | CY2009 | 20090012513

    Original file (20090012513.txt) Auto-classification: Denied

    A copy of his November 2006 LES that shows his grade as a cadet/E-5, his pay date as 22 May 2003, and his years of service as 3. c. A copy of his DA Form 1506 that shows his active and inactive USAR service as well as his active duty service. The evidence of record shows that the applicant initially enlisted in the USAR on 2 November 2001 and was discharged on 6 August 2002. The applicant subsequently executed an Army Senior ROTC non-scholarship cadet contract on 1 August 2004, to be...

  • ARMY | BCMR | CY2001 | 2001060226C070421

    Original file (2001060226C070421.rtf) Auto-classification: Approved

    In an earlier advisory it was noted that the applicant’s records did not contain a DA Form 4824-R (SMP Contract) or orders that discharged him from ROTC to enroll in the SMP. It was determined that the applicant’s PEBD and Basic Active Service Date is 9 May 1986 and that his DIEMS date is 3 July 1984. Public Law (PL) 104-201, Section 507, dated 23 September 1996, amended the provisions of the law to provide service credit to officers commissioned from the ROTC Advanced Course program who...