IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20140006045
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 recalculation of his active duty pay from 15 January 1986 to 31 October 2007.
2. The applicant states his Pay Entry Basic Date (PEBD) of 21 October 1982 was incorrect. On 29 April 2011, the U.S. Army Human Resources Command (HRC) provided an advisory opinion and advised they had adjusted his PEBD from 21 October 1982 to 22 June 1981. He received an Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Pints) that verifies his adjusted PEBD. The new PEBD means that the calculation of his creditable years for pay was under-calculated. As such, pay raises associated with creditable years of service, such as over 4 years, over 6 years, etc., were applied approximately 16 months later than they should have been.
3. 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's records show he enlisted in the U.S. Army Reserve (USAR) on 22 June 1981. He entered active duty for training (ADT) on 19 August 1981 and he was honorably released from ADT on 17 December 1981.
2. The applicant was enrolled in the Reserve Officers' Training Corps (ROTC)/Simultaneous Membership Program (SMP) as of 23 January 1984. On 2 February 1984, he executed a DA Form 597 (Army Senior Reserve Officers' Training Corps Student Contract).
3. He executed an oath of office as a Reserve commissioned officer of the Army on 20 May 1985.
4. He entered active duty on 15 October 1986. He also promoted to lieutenant colonel (LTC) on 2 April 1998.
5. He retired on 31 October 2007 and he was placed on the Retired List in his retired grade of LTC on 1 November 2007. He was credited with 21 years and 15 days of active service.
6. On 29 April 2011, by letter, an HRC official indicated that in accordance with Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records), paragraph 1-3, the applicant is entitled to ROTC/SMP time which is creditable service and was excluded from his contract. His PEBD is now updated and his ARPC Form 249-E now reflects his PEBD as 22 June 1981.
7. 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.
8. 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.
9. Message 161200Z January 1997, 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.
CONCLUSIONS:
The evidence of record shows he enlisted in the USAR on 22 June 1981 and he was enrolled in the ROTC/SMP from 23 January 1984 to 19 May 1985. He was assigned to a troop program unit and appears to have actively participated with that unit during the entire period he was in ROTC. HRC has adjusted his PEBD to 22 June 1981. In view of the foregoing, the applicants records should be corrected as recommended below.
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 showing the applicant was in the SMP for the entire period he was in ROTC (23 January 1984 to 19 May 1985), that his PEBD was 22 June 1981, and paying
him any back pay and allowances and/or retired pay due him 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.
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