RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00350
            INDEX NUMBER: 100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Initial Entry to Uniformed  Services  (DIEUS)  be  changed  from
19 December 1980 to 25 August 1980, or in the alternative,  his  records  be
corrected to show that he falls under the retirement  plan  of  final  basic
pay as established under Title 10 Section 1407.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Due to administrative delays in  processing  his  Reserve  Officer  Training
Corps (ROTC) scholarship, his DIEUS date is 19  December  1990.   The  DIEMS
date is used to determined the retirement plan a member  falls  under.   The
error in his DIEUS date places him  in  a  less  than  favorable  retirement
plan.

In support of the appeal, applicant submits a letter from his former  AFROTC
Detachment Commander indicating that administrative delays resulted  in  the
late processing of the applicant’s scholarship contract.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant  contracted  his  enlistment  in  the  Air  Force  Reserve  on
19 December 1980, for a period  of  eight  years.   He  was  commissioned  a
second lieutenant in the Air Force Reserve on 7 December 1984,  and  entered
active duty on 15 December 1985.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPAO recommends the application be denied and states,  in  part,  that
the applicant’s DIEUS date was  established  correctly  upon  his  entry  to
active duty.

The AFPC/DPPAO evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The evaluation does not cite the  correct  regulation  and  used  Air  Force
directives to justify their recommendation to deny his  application.   Undue
consideration or weight should not be placed on the  evaluation  since  they
have no power or authority to  deviate  from  Air  Force  regulations.   The
Secretary  of  Defense  acknowledges  that  some  individuals  have   unique
situations that complicate determining their DIEUS.   One  of  the  specific
examples given is beginning an ROTC scholarship program.  He began the  ROTC
program when he complied with all the conditions listed in  the  scholarship
offer letter and enrolled in the ROTC on  25 August  1980.   While  the  Air
Force normally used the DIEUS date to establish the retirement formula,  the
ROTC contract he signed establishes that he is entitled  to  the  retirement
plan prescribed by law and regulation as of the day  he  started  his  first
term of college work.  In his  case,  these  dates  are  not  the  same  and
materially affect the retirement plan he falls under.  The Air  Force  could
have reasonably been expected to have  the  scholarship  contract  ready  on
this date had there not been any administrative delays.

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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  In this respect,  we  note  the  DIEUS  is
established  based  on  the  date  of  initial  acceptance  of   commission,
appointment, or enlistment in any branch of the  armed  forces,  to  include
enlistment as a Reserve in the Senior ROTC program.  The DIEUS  is  used  to
determine, among other things, what retirement plan a  member  falls  under.
The applicant contends that administrative delays resulted  in  his  receipt
of a DIEUS  that  will  render  him  ineligible  for  the  final  basic  pay
retirement plan established  in  Section  1407,  United  States  Code.   The
evidence of record  indicates  that  applicant  complied  with  all  of  the
conditions listed in the ROTC scholarship offer letter and enrolled  in  the
AFROTC on 25 August 1980.  However, he was  unable  to  execute  his  AFROTC
enlistment until 19 December 1980.   Applicant’s  former  AFROTC  Detachment
Commander states the delay in processing  of  applicant’s  ROTC  scholarship
contract was due to  medical  emergencies  and  marital  problems  occurring
within  the  AFROTC  detachment  personnel.   In  view  of  the  commander’s
statement and since the delay was through no fault of applicant, we  do  not
believe he should  be  penalized.   Therefore,  we  recommend  his  Date  of
Initial Entry to Uniformed Services (DIEUS) be adjusted to 25 August 1980.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected  to  show  that  his  Date  of  Initial  Entry  to
Uniformed Services (DIEUS) be established as 25 August 1980, rather than  19
December 1980.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-00350
in Executive Session on 21 July 2004, under the provisions of AFI 36-2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Martha J. Evans, Member
                       Mr. James W. Russell, III, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAO, dated 8 Mar 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.
    Exhibit E.  Letter, Applicant, dated 23 Mar 04




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

AFBCMR BC-2004-00350




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that his Date of Initial
Entry to Uniformed Services (DIEUS) be, and hereby is, established as 25
August 1980, rather than 19 December 1980.









JOE G. LINEBERGER

Director

Air Force Review Boards Agency