RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-03671
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Date Initially Entered Military Service (DIEMS) date be changed
from Dec 86 to Jan 85.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DIEMS is in error. He had prior Reserve service in the Army
Reserve Officers Training Corps (ROTC) program while attending Middle
Tennessee State University.
In support of his appeal, the applicant provided a personal statement,
copies of his transcript, enlistment documents, extracts from 10 USC
2107, an Air Force Times article, and other documents associated with
the matter under review.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
that the applicant is currently serving on active duty in the grade of
staff sergeant, having been promoted to that grade on 1 Dec 95. His
Total Active Federal Military Service Date (TAFMSD) is 7 Oct 87.
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Retirements and Separations Operations Section, AFPC/DPPRR,
reviewed this application and recommended denial. DPPRR indicated
that after a review of the applicant's military service record, they
were unable to establish the fact that he was enlisted in the Army
Reserve to attend the ROTC program at Middle Tennessee State
University. The first source document in his record is a DD Form 4
(Enlistment/Reenlistment Document), dated 6 Jan 87 which enlisted him
in the Delayed Enlistment Program (DEP) prior to his enlistment in the
Regular Air Force on 7 Oct 87. This date of 6 Jan 87 is the date that
has been used to establish his DIEMS date and determines the
appropriate retirement plan.
DPPRR noted that the applicant provided a letter from Middle Tennessee
State University which stated he was enrolled in the Basic Military
Science Course from Jan - Dec 85, but the letter also stated these
students did not complete DD Form 4 enlistment paperwork. According
to DPPRR, no source document could be located to credit the applicant
with any additional service.
A complete copy of the DPPRR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 25
Mar 98 for review and response. As of this date, no response has been
received by this office (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt their rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. Therefore, in the absence of clear
and convincing evidence that the applicant’s DIEMS date was erroneous,
we find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 13 Jul 99, under the provisions of AFI 36-2603:
Ms. Cathlynn Sparks, Panel Chair
Dr. Gerald B. Kauvar, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Dec 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRR, dated 20 Jan 98.
Exhibit D. Letter, SAF/MIBR, dated 25 Mar 98.
CATHLYNN SPARKS
Panel Chair
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