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AF | BCMR | CY2002 | 0200706
Original file (0200706.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00706
            INDEX CODE:  112.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date Initially Entered Military Service (DIEMS) be changed from 23
Sep 80 to 26 Aug 80.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed the Air Force Reserve  Officer  Training  Corps  (AFROTC)
Field Training on 26 Aug 80.  As of that  date,  he  was  eligible  to
enlist as a Reserve of the Air Force.  As soon  as  he  returned  from
training, he reported back to his detachment and was informed that  he
needed to report back one day prior to classes starting 23 Sep  80  to
complete administrative paperwork.   On  23 Sep  80,  he  reported  as
ordered and was sworn into the service.

Although he was eligible, he was not given the option to enlist on  or
before  8  Sep  80,  nor  was  he  provided  an  explanation  of   the
consequences if he failed to enlist on or before this date.

In support of his appeal, the applicant provided expanded  statements,
and copies of his certificate of completion of AFROTC Field  Training,
AF Form 1056, and the Reserve Order enlisting him as a Reserve of  the
Air Force.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available documentation indicates that the applicant completed  AFROTC
Field Training at Vandenberg Air Force Base (AFB) on 26 Aug 80.

On 23 Sep 80, the applicant enlisted as a Reserve of the Air Force for
six (6) years, and was assigned to ARPC/ORS (AFROTC), with  attachment
to AFROTC Detachment 645, The Ohio State University.

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
lieutenant colonel, having been promoted to that grade on  1  May  99.
His Total Active Federal Military Service Date (TAFMSD) is 9 Jan 83.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO  recommended  denial.    AFPC/DPPAO   indicated   that   in
accordance with Title 10, United States Code, Section 1411, the  DIEMS
is  the  date  a  member  initially  entered  the  military   service.
AFPC/DPPAO noted that the applicant enlisted in the AFROTC program  on
23 Sep 80.  Based on current directives, AFPC/DPPAO  stated  that  the
applicant’s DIEMS is correct.

A complete copy of the AFPC/DPPAO evaluation, with attachment,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he wanted to clarify that his request  is  to
have his DIEMS changed to 26 Aug  80--the  date  he  was  eligible  to
enlist.  His current DIEMS is  a  reflection  of  an  administratively
convenient way to deal with a large number of cadets and  enlist  them
en masse and not based on any current or past directive.

Applicant’s complete response is at 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 error or injustice.  We note that, by law, the  DIEMS
is the date an individual is first enlisted, inducted, or appointed in
a uniformed  service.   The  evidence  of  record  reflects  that  the
applicant enlisted as a Reserve of the Air Force on 23 Sep 80 and  was
then assigned to an AFROTC attachment.   While  it  appears  that  the
applicant did participate in AFROTC activities prior to that date,  he
was not considered a member  of  a  uniformed  service  based  on  the
aforementioned provisions of law.  In view of the  foregoing,  and  in
the absence of sufficient 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 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 AFBCMR Docket Number 02-
00706 in Executive Session on 4 Jun 02, under the provisions of AFI 36-
2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Michael V. Barbino, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAO, dated 12 Mar 02, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Apr 02.
    Exhibit E.  Letter, applicant, dated 6 May 02.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



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