RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01454 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His Date of Initial Entry to Uniformed Service (DIEUS) be 
changed from 13 October 1980 to 10 March 1980. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

His DIEUS should match the date he accepted his Air Force 
Reserve Officer Training Corps (AFROTC) scholarship. He did not 
sign the contracts until the fall because he was geographically 
separated from his AFROTC location. The 1986 Military Reform 
Act retroactively established the REDUX retirement plan with a 
cut-off date of 8 September 1980. He entered military service 
by accepting the Air Force scholarship, attended field training 
and the Air Force paid classes prior to 8 September 1980. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 4, Enlistment/Reenlistment Document – Armed Forces of 
the United States, dated 13 October 1980; email correspondence, 
and his Air Force Reserve Appointment Order. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the grade of colonel with 
an effective date and date of rank (DOR) of 1 December 2004. 
His pay date and Total Federal Commissioned Service Date (TFCSD) 
is 22 May 1982. 

 

The applicant started classes on 3 September 1980 and signed the 
DD Form 4 on 13 October 1980. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSIPV recommends denial. The applicant did not provide 
any proof of a verbal contract between himself and the Air 
Force, obligating him or the government. He did not provide any 
documentation showing he attended field training during the 


summer of 1980. In addition, the DD Form 4 is the document used 
to determine the DIEUS of an enlisted member. Changing his 
DIEUS would change his retirement system from High-3 to Final 
Pay. 

 

The complete AFPC/DPSIPV evaluation is at Exhibit C. 

 

AFROTC/CC noted that currently AFROTC Processional Officer 
Course cadets attend field training, return to the AFROTC 
detachment and sign their DD Form 4 contract providing they meet 
all eligibility requirements. AFROTC does not make or accept 
verbal contracts. While they believe this was also the practice 
when the applicant enlisted, they cannot guarantee that was the 
case. 

 

The complete AFROTC/CC evaluation is at Exhibit D. 

 

Holm Center/JA recommends deny, stating, in part, changing the 
date of contracting via the DD Form 4 signed in 1980 will not 
affect the date the applicant entered Federal service, that date 
is the day he was commissioned in 1982. 

 

They note the recommendation of AFROTC/CC. In addition, active 
Federal service does not begin at the time the AF Form 1056, 
AFROTC contract and associated DD Form 4 is signed, but rather 
upon commissioning. The AF Form 1056 creates a contingent 
contract under which a cadet is paid a scholarship and/or 
stipend, with the agreement that if all terms of the contract 
are met the cadet will be offered a commission into the Air 
Force. If the terms of the contract are not met the cadet may 
be called into active service in an enlisted grade. The 
associated DD Form 4 is signed for that purpose only, and the 
cadet is officially entered into the Individual Ready Reserve 
(IRR). The cadet is at that time a civilian in all legal 
respects essentially identical to a person entered into the IRR 
subsequent to leaving the military. Contracted cadets are not 
active duty members and their time in ROTC is not counted toward 
total Federal service, they are subject to the terms of the AF 
Form 1056 contract, not the Uniform Code of Military Justice 
(UCMJ), neither scholarship nor stipends are considered military 
pay, and but for narrowly defined statutory exceptions cadets 
are not entitled to health care at military treatment 
facilities. 

 

AFROTC does not verbally contract with cadets. The current 
policy is that Professional Officer Course cadets attend field 
training, return to their AFROTC detachment and sign their 
AF Form 1056 contract and DD Form 4 providing they meet all 
eligibility requirements. While the current commander believes 
this was also the practice at the time the applicant was 
commissioned, he cannot guarantee this was the policy and 
therefore cannot offer an opinion to affirm or negate the 
applicant’s request. Signing the AF Form 1056 and DD Form 4 
does not enter an AFROTC cadet into Federal service in the 
active duty Air Force, the Air National Guard, or the active Air 
Force Reserve. Federal service is counted from the date of 
commissioning. 


 

The complete Holm Center/JA evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant notes that the advisory opinions were based on 
AFROTC current policy and understanding of the AF Form 1056 
AFROTC contract and associated DD Form 4 processes. However, 
his request has nothing to do with current policies or 
procedures but is based on obligations implicit to both parties 
in accepting an AFROTC scholarship. He further explained the 
circumstances surrounding his AFROTC acceptance and field 
training. 

 

When the Military Reform Act of 1986 retroactively established 
date for the different retirement systems, the DIEUS became 
important. It was his understanding that he fell under the 
Final Basic Pay system based on the cut-off dates that were 
announced, all he had been told, and his knowledge of when he 
accepted the AFROTC scholarship and entered Summer Field 
Training (SFT). It was not until the Defense Finance and 
Accounting Service (DFAS) started putting DIEMS/Retirement Plan 
information on Leave and Earning Statements (LES) a few years 
ago that he realized there was an error that needed to be fixed. 

 

Since a DIEUS date is the earliest of; 1) the date you sign an 
ROTC scholarship contract, or 2) the date you begin your ROTC 
program, he hereby claims that he satisfied both requirements 
(as long as a verbal contract is as valid as a written one). 

 

The applicant’s complete response, with attachments, is at 
Exhibit G. 

 

________________________________________________________________ 

 

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 warranting 
partial relief. We note the applicant’s stated request to have 
his DIEUS changed from 13 Oct 80 to 10 Mar 80. It appears that 
upon completion of field training, the applicant returned to the 
AFROTC detachment to sign the contract documents. The AFROTC/CC 
acknowledges that this is the current practice and while they 
believe this was the policy at the time the applicant was 
commissioned, they cannot guarantee this was the case. 
Nonetheless, while it appears this practice could have been the 
same at the time the applicant entered the AFROTC program, in 
our view, and based on a plain reading of the laws and policies 
in effect at the time, we believe the beginning of the AFROTC 


program sets the DIEUS and not as the applicant believes, the 
graduation or commissioning date. Therefore, his DIEUS date 
should be changed to 3 Sep 80, the date he started classes under 
the AFROTC contract. Accordingly, we recommend the applicant’s 
record be corrected to the extent indicated below. 

 

________________________________________________________________ 

 

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 Service (DIEUS) be changed to 
3 September 1980 rather than 13 October 1980. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2010-01454 in Executive Session on 10 November 2010, 
under the provisions of AFI 36-2603: 

 

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

 

 Exhibit A. DD Form 149, dated 30 Mar 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIPV, dated 12 May 10. 

 Exhibit D. Letter, AFROTC/CC, dated 28 Jun 10. 

 Exhibit E. Letter, Holm Center/JA, dated 7 Jul 10. 

 Exhibit F. Letter, SAF/MRBR, dated 16 Jul 10. 

 Exhibit G. Letter, Applicant, dated 22 Jul 10, w/atchs. 

 

 

 

 Panel Chair 

 


AFBCMR BC-2010-01454 

 

 

 

 

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: APPLICANT be corrected to show that his Date of 
Initial Entry to Uniformed Service (DIEUS) be changed to 3 September 1980 rather than 13 
October 1980. 

 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency