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 applicants 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 applicants 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 applicants 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 applicants 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020899
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