| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Frank C. Jones, II | Member |
APPLICANT REQUESTS: His DIEMS (Date Initially Entered Military Service) date be retroactively adjusted from 17 September 1980 to 7 September 1980.
APPLICANT STATES: In August 1980, he began his junior year of college and enrolled in the Reserve Officer Training Corps (ROTC) as an MSIII (Military Science III) student. He signed his DD Form 4 (Enlistment/Reenlistment Document) on 17 September 1980. Others in his small ROTC class signed their DD Forms 4 on 29 August 1980. Now, he finds that when he retires, his annuity will be based upon a high 3-year average of his basic pay rather than on his final basic pay amount, as it is for his classmates who signed before 8 September 1980.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted as a cadet in the US Army Reserve (USAR) Control Group (ROTC) for 6 years on 17 September 1980. On 27 August 1982, he was discharged from the USAR in order to accept a commission. He was appointed as a Reserve commissioned officer in the rank of Second Lieutenant on 28 August 1982.
The applicant entered on active duty on 28 August 1982 and has remained on active duty. He is currently a Lieutenant Colonel.
There are three non-disability retirement systems currently in effect. These are Final Pay, High-3 Year Average, and Military Retirement Reform Act of 1986 (more commonly referred to as REDUX).
Final Pay applies to those who entered the Service before September 8, 1980. Each year of service is worth 2.5% toward the retirement multiplier. The longer an individual stays on active duty the higher the multiplier and the higher the retirement pay, up to the maximum of 75 percent. This multiplier is applied against the final basic pay of the individual's career.
High-3 Year Average applies to members who first entered Service after September 8, 1980, but before August 1, 1986. It also applies to individuals who entered on or after August 1, 1986, who do not elect the REDUX retirement system. Each year of service is worth 2.5% toward the retirement multiplier. The longer an individual stays on active duty the higher the multiplier and the higher the retirement pay, up to the maximum of 75 percent. This multiplier is applied against the average basic pay for the highest 36 months of the individual's career. This typically, though not always, equals the average basic pay for the final three years of service.
In the processing of this case, an advisory opinion was obtained from the Officer Retirements and Separations Section, US Total Army Personnel Command (PERSCOM) which states that the enlistment dates on the DD Forms 4 of the applicant's fellow ROTC classmates cannot be accepted as proof that the applicant's enlistment date should coincide. The advisory opinion recommends that the applicant's request be denied. The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The applicant signed his DD Form 4 and established his DIEMS date on 17 September 1980. Because this date falls after 8 September 1980, it places the applicant in the High-3 Year Average non-disability retirement system.
2. The applicant's ROTC Department at his civilian college obviously was able to accommodate enlistments prior to 8 September 1980, as witnessed by two of his classmates having enlisted on 29 August 1980. The Board does not know why the applicant chose to wait until 17 September 1980 to sign his DD Form 4, but finds that his decision to do so was not a result of error or injustice.
3. The Board concurs with the PERSCOM advisory opinion that the enlistment dates of others have no bearing on the applicant's enlistment date.
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
__rvo___ __bje___ __fcj___ DENY APPLICATION
| CASE ID | AR2002081831 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030904 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0000 |
| 2. | 136.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002073828C070403
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. 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...
ARMY | BCMR | CY2009 | 20090004993
Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents in support of his application: National Personnel Records Center (NPRC) Letter, dated 17 August 2007; College Transcripts, dated 12 May 1984; Retirement Memorandum, dated 13 August 2005; DD Form 93 (Record of Emergency Date); SGLV Form 8286 (Service Members Group Life Insurance Election and Certificate); DD Form 1299 (Application for Shipment and/or...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03025 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Date of Initial Entry Military Service (DIEMS)/Date of Initial Entry Uniformed Services (DIEUS) be changed from 17 July 1986 to 5 January 1987. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPAOR...
ARMY | BCMR | CY2003 | 2003085198C070212
The applicant requests that his Date Initially Entered Military Service (DIEMS) be corrected from 9 May 1982 to 25 August 1980. The applicant’s military records show that he enlisted as a cadet in the Senior ROTC program on 25 August 1980. The AR-PERSCOM stated that the applicant’s DIEMS should be the date he signed his enlistment contract.
ARMY | BCMR | CY2003 | 2003084402C070212
The Board considered the following evidence: Soldiers under the REDUX formula who are eligible for retention to 20 years can elect to use REDUX and receive a $30,000.00 bonus in their 15th year. Since a DIEMS is the date a soldier initially entered the military, it cannot be changed unless its in error.
ARMY | BCMR | CY2005 | 20050006168C070206
The applicant requests, in effect, that his record be corrected to show his final Date Entered Military Service (DIEMS) date as 10 September 1979; that his retirement pay plan be changed from High-Three to Final Pay based on his DIEMS date; and that he be provided all back retirement pay due as a result of this correction. The applicant provides the following documents in support of his application: Self-Authored Statement; DA Form 597, dated 10 September 1979; DD Form 4, dated 10 September...
Upon entry to active duty the DIEUS date was established as 13 May 1986 in accordance with AFI 36-2604, Service Dates and Dates of Rank, 1 July 1999, Table 1, Rule 13 and the applicant’s DD Form 4, 13 May 1986. The term "date entered service" means the date the person is enlisted, inducted or appointed...not TAFMSD. By signing a contract prior to 1 August 1986, the member’s retirement pay plan was, is and always will be “High-3”…the MRRA didn’t affect the member.
AF | BCMR | CY2010 | BC-2010-01454
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. 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. ...
ARMY | BCMR | CY2003 | 2003083653C070212
The memorandum indicated that those soldiers who erroneously received the CSB did not initially enter military service on or after 1 August 1986; therefore under the law, they are not eligible to elect for the bonus or for participation in the REDUX that accompanied the CSB. In this, the DIEMS date is the date the soldier enlisted in the DEP, not the date the soldier came on active duty. Thus the Board concludes that it would be appropriate to void the applicant’s enlistment in the DEP on...
ARMY | BCMR | CY2010 | 20100010563
The applicant requests, in effect, that his record be corrected to show his final Date Initially Entered Military Service (DIEMS) as 10 September 1979; that his retirement pay plan be changed from High-3 to Final Pay based on his DIEMS; and that he be provided all back retirement pay due as a result of this correction. A copy of a DD Form 4, dated 10 September 1979, shows the applicant entered into an ROTC scholarship contract, was appointed a scholarship cadet, and enlisted in the U.S....