| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Terry L. Placek | Member | |
| Mr. Robert L. Duecaster | Member |
APPLICANT REQUESTS: That his Date Initially Entered Military Service (DIEMS) be corrected to include the time he spent in the Reserve Officers Training Corps (ROTC) Advanced Course.
APPLICANT STATES: In his retirement processing he has learned that he would be retired under a more generous retirement formula if his DIEMS date was established as prior to 1980.
In support of his request he submits orders which awarded him the Ranger Tab, dated 29 August 1977. He also submits a military training certificate which shows that he completed 2 years of instruction in the Advanced ROTC on 4 June 1978.
EVIDENCE OF RECORD: The applicant's military records show:
He graduated from the ROTC as a distinguished military student and was commissioned as a second lieutenant on 28 May 1980.
He served on active duty in his commissioned status from 29 June 1981 to 30 September 1985. He was separated at his own request (unqualified resignation).
While the applicant’s Army Reserve (USAR) records were not provided to the Board, the applicant states that he is currently serving as an Active Guard and Reserve (AGR) lieutenant colonel.
There are three retired pay plans for soldiers retiring from active duty for length of service. A soldier’s DIEMS date determines which retired pay plan the soldier will be covered under. The DIEMS date is not used for any other purpose (i.e., it is not used in the retired pay computation. Retired pay is determined by a member’s basic active service date [BASD] and pay entry basic date [PEBD]).
b. The DIEMS date is the earliest date of enlistment, induction, or appointment in a regular or reserve component of an uniformed service as a commissioned officer, warrant officer, or enlisted member. A DIEMS date is rarely the same as a basic active service date (BASD) and often earlier than a pay entry basic date (PEBD). Situations where the DIEMS date will likely be earlier than the PEBD include:
- Academy graduate – The DIEMS date is the date the soldier entered the academy. This is significant since Academy time is not creditable for retired pay purposes (for officers). If the officer had enlisted or Reserve service before entering the Academy, the DIEMS date would be the date that service began.
- ROTC – The DIEMS date is the date the soldier began a ROTC scholarship program or enlisted as a Reserve member in the Senior ROTC program, whichever is earlier. This is significant since ROTC time is not creditable for retired pay purposes. If a soldier had enlisted or Reserve service prior to receiving a ROTC scholarship or beginning the ROTC advanced course, the DIEMS date would be the date that service began.
- Break in service – The DIEMS date is the date the soldier initially became a member of an uniformed service, any branch or component, even if the soldier had a break in service and reentered at a later date. For calculating a PEBD, the days, months and years a soldier previously served is subtracted from the date the soldier regains military status.
- Delayed Entry Program (DEP) – The DIEMS date is the date the soldier enlisted in the DEP, not the date the soldier came on active duty.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. While it is apparent that the applicant was in the advanced course, ROTC, prior to his commission, the date he enlisted in the advanced course is not a matter of record.
2. A DIEMS date is a precise date, not an approximation nor a range of time. Without evidence to show the exact date the applicant enlisted in the advanced course ROTC, the Board has insufficient information in which to grant his request.
3. If the applicant can obtain a copy of his senior ROTC contract from the university from which he graduated, he may reapply.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___tlp___ ____rld __ ____rvow__ DENY APPLICATION
| CASE ID | AR2002075981 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020424 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 135.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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