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AF | BCMR | CY2004 | BC-2003-03694
Original file (BC-2003-03694.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  BC-2003-03694
                                  INDEX CODE:  111.02
  XXXXXXXXXXXXXXX                 COUNSEL:  NONE

  XXXXXXXXXXXX                    HEARING DESIRED:  NO
_________________________________________________________

APPLICANT REQUESTS THAT:

Her Date Initially Entered Military  Service  (DIEMS)  date  be  changed  to
August 1980.

____________________________________________________________

APPLICANT CONTENDS THAT:

The DIEMS date for a Reserve Officer Training Corps (ROTC) graduate  is  the
earliest of (1) the date the person began a ROTC  scholarship  program,  (2)
the date the person enlisted  as  a  Reserve  officer  in  the  Senior  ROTC
program, or (3) the date the person signed up  for  any  active  or  Reserve
service before entering ROTC program.  She began an ROTC program  in  August
of 1980 and  received  an  ROTC  scholarship  the  second  semester  of  her
freshman year that was retroactive to the first  semester.   Therefore,  her
DIEMS date should be changed to August 1980.

In support of her appeal, the applicant provides a copy of  her  scholarship
authorization letter from the University of Illinois and an excerpt  from  a
retirement pay  plan  information  document.   A  copy  of  the  applicant's
submission, with attachments, is at Exhibit A.

____________________________________________________________

STATEMENT OF FACTS:

Data extracted from the military personnel data  system  (MilPDS)  indicates
the applicant's DIEMS date as 2 September 1982, a paydate of  19  May  1984,
and a Total Active Federal Military Service Date of 24 August 1984.  She  is
currently serving on  extended  active  duty  in  the  grade  of  lieutenant
colonel, as a deputy commander, with a date of rank and effective date of  1
December 2000.

____________________________________________________________

AIR FORCE EVALUATION:

AFPC/JA recommends the applicant’s request be denied.  JA  states  that  the
applicant has failed to  to  present  relevant  evidence  of  any  error  or
injustice warranting relief.  AFI 36-2604, Rule 13, Service Dates and  Dates
of  Rank,  provides  that  DIEMS  (also  known  as  Date  Initially  Entered
Uniformed  Service  (DIEUS)  for  enlisted,  officer,  or  warrant   officer
includes “service  from  the  date  of  initial  acceptance  of  commission,
appointment, or enlistment  in  any  branch  of  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 a scholarship cadet or  midshipman  under  Title  10
United States Code (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.”   As
indicated in the applicant’s letter from the  University  of  Illinois,  she
received a state ROTC scholarship authorized under Illinois  statutory  law.
Therefore, she is not entitled  to  an  earlier  DIEMS  date.   The  AFPC/JA
evaluation, with attachment, is at Exhibit C.

____________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  19
December 2003, for review and comment within 30 days  (Exhibit  D).   As  of
this date, this office has received no response.

____________________________________________________________

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 an  error  or  injustice.   Applicant’s  contentions  are  duly
noted; however, she has  provided  no  evidence,  which  would  lead  us  to
believe her DIEMS date currently reflected in her  records  was  incorrectly
recorded at the time she was initially ordered to active duty.  We note  the
comments by  the  Air  Force  office  of  primary  responsibility  that  the
applicant does not qualify for an earlier DIEMS date because she received  a
state ROTC scholarship versus an ROTC scholarship  under  the  federal  ROTC
financial assistance program authorized by 10 USC  2107.   In  view  of  the
foregoing and in the absence  of  evidence  by  the  applicant  showing  the
actions taken by Air Force authorities are erroneous, we find  no  basis  on
which to favorably consider her request to change her DIEMS date.

____________________________________________________________

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 this application in  Executive
Session on 11 March 2004, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Renee M. Collier, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-03694:

      Exhibit A.  DD Form 149, dated 29 Aug 03, with atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPPR, dated 10 Dec 03.
      Exhibit D.  Letter, ANG/DPP1, dated 4 Nov 03.
      Exhibit E.  Letter, SAF/MRBR, dated 19 Dec 03.




                       MICHAEL K. GALLOGLY
                       Panel Chair

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