PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 September 2002
         DOCKET NUMBER: AR2002073828


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his records be corrected to show his Date Initially Entered Military Service (DIEMS) as 29 May 1980.

3. The applicant states, in effect, that he believes that he signed Reserve Officer Training Corps (ROTC) acceptance paperwork on 29 May 1980, and this paperwork was destroyed when he signed his formal scholarship acceptance (DA Form 597-3) on 24 September 1980. He claims that changing his DIEMS date to 29 May 1980 would place him in the “final base pay” retirement plan as opposed to the “high-three” retirement plan. He further states that he was awarded a two year ROTC scholarship in May 1980, while attending Georgia Tech University. As a result, he was allowed to attend summer training at the Northern Warfare Training Center, Fort Greely, Alaska. He states that in May 1980, he was informed by a member of the cadre of the military science department that prior to his attending the summer training he was required to accept his ROTC scholarship. Subsequent to this notification, on 29 May 1980, he signed the paperwork accepting the ROTC scholarship. He claims that upon completion of his summer training and return to school in September 1980, he was notified that the original ROTC scholarship paperwork completed on him was in error, and therefore, he was required to again sign his acceptance of his ROTC scholarship on 24 September 1980. He states that the orders to attend Army training, traveling at government expense on a scholarship fund cite at government expense, and possessing a Reserve identification card should be sufficient evidence to confirm that his original ROTC Scholarship was signed prior to 24 September 1980. In support of his application, he submits the following documents: Army Senior ROTC Scholarship Cadet Contract
(DA Form 597-3); Army ROTC Scholarship Award Certificate: Orders Number 102-36, dated 29 May 1980, issued by Headquarters, US Army ROTC Region, Fort Bragg, North Carolina; Enlistment/Reenlistment Document (DA Form 4/1-4); and Northern Warfare Training Center Graduation Certificate.

4. The applicant’s military records show that he attended Georgia Tech University. The DA Form 597-3 and DA Form 4/1-4 on file in his records show that he received a two year ROTC Scholarship and was enrolled in the ROTC as a scholarship cadet on 24 September 1980.

5. On 11 June 1982, upon his completion of ROTC, he was commissioned in the Regular Army as a second lieutenant. Presently, the applicant is serving on active duty, in the rank of lieutenant colonel, and he is assigned to the Defense Threat Reduction Agency.

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6. Orders Number 102-36, dated 29 May 1980, issued by Headquarters,
US Army ROTC Region, Fort Bragg, North Carolina, provided by the applicant confirm that he was directed to report for active duty for training on 30 June 1980, in order to attend summer training at the Northern Warfare Training Center, Fort Greely, Alaska. The additional instructions portion of these orders confirm that he entered this period of active duty for training while in an ROTC scholarship student status, and as a member of the Untied States Army Reserve (USAR). His USAR membership status is confirmed by the statement contained in the orders that ROTC cadets attending the school must have in their possession “a valid identification card DD Form 2A (ResRed).” A Northern Warfare Training Center Graduation Certificate is also on file. This document verifies that he attended and completed this course from 7 through 25 July 1980.

7. In the processing of this case, an advisory opinion was obtained from the Chief, Officer Retirements and Separations Section, U.S. Total Army Personnel Command (PERSCOM). It opined that the documentation submitted by the applicant suggested that he was enrolled in ROTC prior to 24 September 1980, the date he signed his DA Form 597-3. Thus, PERSCOM officials recommended approval of the applicant’s request for a change to his DIEMS date. The applicant was provided a copy of the advisory opinion and he concurred with its contents.

8. Department of Defense Financial Regulation provides, in pertinent part, that the DIEMS date determines which retired pay formula(s) will be used. It is not used for any other purpose (for example, it is not used in the retired pay computation). The DIEMS date for the service members who entered active duty from ROTC can be verified/established from either the DA Form 597-3 (Army Senior ROTC Senior Cadet Contract) or DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), confirming their entry into the USAR.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his DIEMS date of
24 September 1980 should be changed to 29 May 1980, and it finds this claim has merit. The normal DIEMS confirmation forms, DA Form 597-3 and/or DD Form 4, on file in the applicant’s record are both dated 24 September 1980. As a result, this date was established as his DIEMS and as a result, his retired pay would be based on the “high three” system.

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2. However, the evidence clearly establishes that he committed to his ROTC scholarship on 29 May 1980, when he agreed to attend summer active duty training, which he did attend and complete. Based on this scholarship commitment and USAR service, had it not been for the administrative error in the preparation of his ROTC scholarship contract paperwork, his DIEMS date would have been established as 29 May 1980. If this date had been established as his DIEMS, he would be eligible to receive retired pay under the “final base pay” system.

3. In view of the facts of this case, the Board concurs with the findings and recommendations of the PERSCOM Chief, Officer Retirements and Separations Section, which confirms that the applicant would have been required to enter into an ROTC scholarship contract on 29 May 1980, in order to attend active duty summer training, and finally recommends that the applicant’s request be approved.

4. Based on the evidence of record and the PERSCOM recommendation, the Board finds that it would be appropriate to grant the requested relief as an exception to policy. Therefore, it concludes that the applicant’s record should be corrected to show his DIEMS as 29 May 1980.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION

That all of the Department of the Army records related to this case be corrected by changing the Date Initially Entered Military Service (DIEMS) of the individual concerned to 29 May 1980; and by providing him retired pay based on the appropriate formula given this corrected DIEMS.

BOARD VOTE:

__CLA__ __MHM__ __JTM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Celia L. Adolphi___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073828
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/09/05
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	Grant
REVIEW AUTHORITY
ISSUES 1.	136.0600
2.
3.
4.
5.
6.