RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 March 2006
      DOCKET NUMBER:  AR20050016628


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Robert D. Morig               |     |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, in effect, credit for the time he served in the
Reserve Officer Training Corps (ROTC) Simultaneous Membership Program
(SMP).

2.  The applicant states, in effect, Military Personnel Office (MILPO)
officials are not giving him credit for the time he served in the ROTC SMP
on his Statement of Service (DA Form 1506).  As a result, active duty days
he served during this period are also not being credited.  He claims that
the applicable regulations indicate that the time he served in the United
States Army Reserve (USAR) should be counted for time-in-service.  However,
this USAR service is not being credited, which has resulted in not
processing his DA Form 1506 because it does not match his service prior to
entering active duty.  He claims that due to this error, he has been
underpaid $600.00 a month since June 2004.

3.  The applicant provides the following documents in support of his
application:  SMP Contract (DA Form 4824-R); ROTC Cadet Contract (DA Form
597); Chronological Statement of Retirement Points (ARPC Form 249-2-E);
Separation Document (DD Form 214); and Annual Training Orders.

CONSIDERATION OF EVIDENCE:

1.  On 22 January 1996, the applicant enlisted in the USAR for 8 years, in
the rank of private/E-1 (PV1).

2.  On 30 May 1996, the applicant entered active duty for initial active
duty training (IADT).  He completed basic combat training and was released
from active duty (REFRAD) and returned to his USAR unit on 2 August 1996.

3.  On 28 April 1997, the applicant was ordered to active duty special work
(ADSW) for a period of five days, which he completed on 2 May 1997.

4.  On 4 June 1997, the applicant entered active duty to complete the
advanced individual training (AIT) phase of his IADT.  He successfully
completed AIT in military occupational specialty (MOS) 63B (Light Wheel
Vehicle Mechanic) and was REFRAD and returned to his USAR unit on 19 August
1997.

5.  On 29 August 2002, the applicant entered into a ROTC Cadet Contract.
The DA Form 597 on file shows that the date his education was scheduled to
commence was 29 August 2002 and the scheduled completion date was 1 May
2004.

6.  On 29 April 2004, the applicant was discharged from the USAR in order
to accept a commission, and on 13 June 2003, he was ordered to active duty
as a second lieutenant (2LT).

7.  A Statement of Service-For Computation of Length of Service For Pay
Purposes (DA Form 1506) and a Computation of Officer's Service on file
shows that during his USAR service, the applicant completed the following
periods of active duty service subsequent to completing his IADT on 19
August 1997:  18 June through 12 August 1998 (1 month and 25 days); 4
through 18 June 1999 (15 days); 30 June through 16 July 2000 (17 days); 28
through 29 July 2000
(2 days); 10 through 24 July 2002 (15 days); 10 through 24 July 2002 (15
days); 29 through 31 August 2003 (3 days); 12 through 14 September 2003 (3
days);
6 through 8 February 2004 (3 days); 13 February 2004 (1 day); and 23
through 26 April 2004 (4 days).

8.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Accessions, Retirements and Separations Branch,
Human Resources Command (HRC).  This official provided a Computation of
Officer's Service form prepared on the applicant, and indicates that the
applicant was credited with all his service through the end of the fiscal
year (30 September 2006), except his ROTC SMP service, which is not
creditable.  The form provided also indicates the applicant's Basic Pay
Entry Date (BPED) is 22 November 1996 and that his Basic Active Service
Date (BASD) is 22 September 2003.

9.  On 4 January 2006, the applicant submitted a rebuttal to the HRC
Advisory Opinion.  In it, he claims that he had two ROTC contracts with
different units, the first contract covered the period 29 August 2002
through 28 June 2003.  He claims the reason for two contracts is that he
was reassigned from his first unit when it was deployed.  He further
indicates that the advisory opinion indicates his BPED has been changed
from 22 January 1996 to 22 November 1996.  However, while he did not
actually leave for basic training until 30 May 1996, he was actually
drilling with his unit until that time.  In addition, he claims he was
drilling after basic training as well.  He indicates he is confused about
why the date was changed.  He also states that he is including his Official
Military Personnel File (OMPF) from the USAR, which is accurate, and leave
and earnings statements (LESs) that show his BPED changed from the correct
date of 22 January 1996 to an incorrect date once he was commissioned.  He
states the date changed back to the correct date during 2005, but he is
still receiving pay as an 0-1 with zero years.

10.  Volume 7A (Military Pay Policies and Procedures) of the Department of
Defense Financial Management Regulation (DODFMR) establishes the policy on
the pay and allowances for military personnel.  Paragraph 010101 outlines
service which is creditable for pay purposes.  Subparagraph D.10 states
that service as a member of the Army, Navy or Air Force Reserve ROTC,
provided the member has concurrent Selected Reserve (drilling status) for
duty performed on or after 1 August 1979 is creditable service.

11.  Paragraph 010101, Subparagraph D.15 of the DODFMR states that prior
provisions of law excluded the SMP from creditable service for commissioned
officers, effective 13 October 1964.  Public Law 104-201, section 507,
23 September 1996, amended these provisions to provide service credit
retroactive to 1 August 1979.  It further stated that service for enlisted
members who retain that status remains creditable under all provisions.
Paragraph 010104 contains guidance on computing a Basic Pay Date.  It
states that all computations start on the date of the most recent entry on
duty without a break in service.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, the computation of the basic pay date starts on the date
of the most recent entry on duty without a break in service; and USAR ROTC
service in the SMP is creditable service as of 1 August 1979.  The evidence
of record in this case shows the applicant enlisted in the USAR on 22
January 1996, and that he remained serving in that status until being
discharged to accept a commission on 29 April 2003.

2.  The applicant entered the SMP as an ROTC cadet on 29 August 2002.  His
record shows that subsequent to this date, he completed four periods of ADT
in 2003 and 2004, which confirms he remained in a drilling status while in
the SMP.

3.  In view of the facts of this case, the applicant's record should be
corrected to show his basic pay date is 22 January 1996, the date of his
last entry into duty without a break in service.  Further, he should be
credited with all active and inactive service he completed in the USAR
between 22 January 1996 and
29 April 2004, to include the time he was in the SMP.  Finally, he should
be provided any back pay and allowances that are due as a result of these
corrections.
BOARD VOTE:

___JNS _  __YM ___  __RDM__  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 his basic pay date is 22 January 1996; by crediting him with all
active and inactive service he completed as a member of the United States
Army Reserve between 22 January 1996 and 29 April 2004; and by providing
him all back pay and allowances due as a result.




                                  _____John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016628                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/21                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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