RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01056
            INDEX CODE:  102.07

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that his  Date  Initially  Entered
Military Service (DIEMS) was 6 Sep 80, rather than 8 Sep 80.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The DIEMS in his record is based on AF Form 1056.  He believes  it  is
in error.  The Air  Force  Reserve  Officer  Training  Corps  (AFROTC)
detachment he was assigned to accomplished inprocessing of new  cadets
on 6 Sep 80.  The other documents in his record completed on his entry
into the Air Force are dated  6  Sep  80.   Most  significantly,  this
includes the Addendum to AF Form 1056, signed and witnessed  on  6 Sep
80.  He believes it is rational to conclude that he would have  signed
the Addendum to AF Form 1056 at the same time he signed  the  AF  Form
1056 itself.  This argument is supported in that the same  individuals
who witnessed his signature to the Addendum on 6 Sep 80 also witnessed
his signature on the AF Form 1056.  Finally,  the  AF  Form  1056  for
another officer, processed for entry into the Air  Force  through  the
same AFROTC detachment, was dated 6 Sep 80.  Based on  this  evidence,
he believes the date on his AF Form 1056 is most likely the result  of
an erroneous date stamp.  Regardless of an error on the AF Form  1056,
his 6 Sep 80 signature on the Addendum  to  AF  Form  1056  should  be
sufficient to constitute his intent of executing the AFROTC  contract.
The  significance  of  the  DIEMS  currently  in  his  record  is  the
retirement plan he is covered by--“High Three”  (effective  8 Sep  80)
versus “Final Pay” (prior to 8 Sep 80).  The difference in  these  two
retirement systems for an 0-5 with 20  years  of  service  is  several
hundred dollars per year.

In support of his appeal, the applicant  provided  copies  of  AF Form
1056, Addendum to AF Form 1056, AF Form 2030,  the  AF  Form  1056  of
another officer, his enlistment  documents  (DD  Forms  4/1-4/4),  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
major, having been promoted to that grade  on  1 Jul  97.   His  Total
Active Federal Military Service Date (TAFMSD) is 2 Jan 86.  His  DIEMS
is 8 Sep 80.

The remaining  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  Division,  AFPC/DPPR,  reviewed  this
application and recommended denial.  DPPR  indicated  that  Title  10,
United States Code (USC), Section 1407, outlines retired pay base  for
members who first became members after 7 Sep  80  for  the  high-three
retirement pay plan.  Title 10, USC, Section  1406,  outlines  retired
pay base for members who first became members  before  8  Sep  80  for
final pay.  Title 10, USC 1411, Rules of Construction, is the defining
law.  This provision of law states that “For purposes of this  chapter
and other provisions of law providing for computation  of  retired  or
retainer pay of members of the uniformed services, a person  shall  be
considered to first become a member of a uniformed service on the date
the person is first enlisted, inducted, or appointed  in  a  uniformed
service.” Additionally, AFI 36-2604, Service Dates and Dates of  Rank,
Table 1, Rule 13, further supports this provision of law and describes
how to calculate service dates.  It specifically states that the  date
initial  entry  uniformed  service  includes  the  date   of   initial
acceptance of commission, appointment, or enlistment in any branch  of
the Armed Forces (Regular or Reserve; active or inactive).  This is  a
fixed date and is not adjusted for time lost or breaks in service.  It
includes enlistment as a Reserve in the Senior ROTC program  or  as  a
scholarship cadet or midshipman under Title 10, USC, 2107 or  2107(a);
enlistment under Title  10,  USC,  12103;  enlistment  in  the  active
component delayed entry/enlistment program (DEP); and  entrance  as  a
cadet or midshipman at a service academy.

DPPR   noted   that   the    applicant    signed    DD    Form    4/1,
Enlistment/Reenlistment Document - Armed Forces of the United  States,
on 8 Sep 80.  Although he participated in military and ROTC activities
prior to that date, he was not considered  a  member  of  a  uniformed
service based on  the  aforementioned  provisions  of  law.   The  PDS
accurately reflects his DIEMS as 8 Sep 80.

According to DPPR, there are no provisions of law to change  the  date
recorded that a uniformed service member was first enlisted, inducted,
or appointed in a uniformed service.  The DD  Form  4/1  is  the  only
legal document which is binding between the applicant and  the  United
States Air Force; this was signed on 8 Sep 80.   This  document  shows
the applicant’s first enlistment as an Air Force Reserve member was on
8 Sep 80.  Accordingly, DPPR believes his  record  should  remain  the
same.

A complete copy of the AFPC/DPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  15
Jun 01 for review and response.  As of this date, no response has been
received by this office (Exhibit C).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

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-
cut evidence that the applicant’s DIEMS  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 25 Jul 01, under the provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Edward H. Parker, Member
      Mr. Jackson A. Hauslein, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 01, w/atchs.
    Exhibit B.  Letter, AFPC/DPPR, dated 9 May 01.
    Exhibit C.  Letter, SAF/MIBR, dated 15 Jun 01.




                                   JOSEPH G. DIAMOND
                                   Panel Chair