MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          4 September 2003
		DOCKET NUMBER:  AR2002081831

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Frank C. Jones, II		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  His DIEMS (Date Initially Entered Military Service) date be retroactively adjusted from 17 September 1980 to 7 September 1980.

APPLICANT STATES:  In August 1980, he began his junior year of college and enrolled in the Reserve Officer Training Corps (ROTC) as an MSIII (Military Science III) student.  He signed his DD Form 4 (Enlistment/Reenlistment Document) on 17 September 1980.  Others in his small ROTC class signed their DD Forms 4 on 29 August 1980.  Now, he finds that when he retires, his annuity will be based upon a high 3-year average of his basic pay rather than on his final basic pay amount, as it is for his classmates who signed before 8 September 1980.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted as a cadet in the US Army Reserve (USAR) Control Group (ROTC) for 6 years on 17 September 1980.  On 27 August 1982, he was discharged from the USAR in order to accept a commission.  He was appointed as a Reserve commissioned officer in the rank of Second Lieutenant on 28 August 1982.

The applicant entered on active duty on 28 August 1982 and has remained on active duty.  He is currently a Lieutenant Colonel.

There are three non-disability retirement systems currently in effect.  These are Final Pay, High-3 Year Average, and Military Retirement Reform Act of 1986 (more commonly referred to as REDUX).

Final Pay applies to those who entered the Service before September 8, 1980.  Each year of service is worth 2.5% toward the retirement multiplier.  The longer an individual stays on active duty the higher the multiplier and the higher the retirement pay, up to the maximum of 75 percent.  This multiplier is applied against the final basic pay of the individual's career.

High-3 Year Average applies to members who first entered Service after September 8, 1980, but before August 1, 1986.  It also applies to individuals who entered on or after August 1, 1986, who do not elect the REDUX retirement system.  Each year of service is worth 2.5% toward the retirement multiplier.  The longer an individual stays on active duty the higher the multiplier and the higher the retirement pay, up to the maximum of 75 percent.  This multiplier is applied against the average basic pay for the highest 36 months of the individual's career.  This typically, though not always, equals the average basic pay for the final three years of service.

In the processing of this case, an advisory opinion was obtained from the Officer Retirements and Separations Section, US Total Army Personnel Command (PERSCOM) which states that the enlistment dates on the DD Forms 4 of the applicant's fellow ROTC classmates cannot be accepted as proof that the applicant's enlistment date should coincide.  The advisory opinion recommends that the applicant's request be denied.  The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The applicant signed his DD Form 4 and established his DIEMS date on 17 September 1980.  Because this date falls after 8 September 1980, it places the applicant in the High-3 Year Average non-disability retirement system.

2.  The applicant's ROTC Department at his civilian college obviously was able to accommodate enlistments prior to 8 September 1980, as witnessed by two of his classmates having enlisted on 29 August 1980.  The Board does not know why the applicant chose to wait until 17 September 1980 to sign his DD Form 4, but finds that his decision to do so was not a result of error or injustice.

3.  The Board concurs with the PERSCOM advisory opinion that the enlistment dates of others have no bearing on the applicant's enlistment date.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __bje___  __fcj___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002081831	
SUFFIX		
RECON		
DATE BOARDED	20030904	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	136.0000	
3.		
4.		
5.		
6.