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ARMY | BCMR | CY2003 | 2003085198C070212
Original file (2003085198C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 September 2003
         DOCKET NUMBER: AR2003085198


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. Melvin H. Meyer Member
Ms. Margaret V. Thompson 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.


2. The applicant requests that his Date Initially Entered Military Service (DIEMS) be corrected from 9 May 1982 to 25 August 1980.

3. The applicant states that he wasn’t aware that the time he served as a cadet in the Reserve Officers Training Corps (ROTC) counted towards establishing his DIEMS.

4. The applicant’s military records show that he enlisted as a cadet in the Senior ROTC program on 25 August 1980.

5. He was commissioned as a second lieutenant and entered active duty on 7 June 1982.

6. He served continuously on active duty, being promoted to major, and was honorably released from active duty on 31 July 2002 and placed on the Retired List for years of service the following day. The orders releasing him from active duty and placing him on the Retired List show his DIEMS as 9 May 1982.

7. 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). A DIEMS date will be earlier than the PEBD when the soldier has service in the 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.

8. In the processing of this case, an advisory opinion was obtained from the US Army Reserve Personnel Command (AR-PERSCOM). The AR-PERSCOM stated that the applicant’s DIEMS should be the date he signed his enlistment contract. The applicant was furnished a copy of this advisory opinion and concurred with the AR-PERSCOM’s position.

CONCLUSIONS:

1. It is evident that the applicant’s DIEMS date was incorrectly calculated. His correct DIEMS is 25 August 1980, the date he enlisted in the Senior ROTC program.

2. 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 showing that the individual concerned has a DIEMS of 25 August 1980.

BOARD VOTE:

___mvt__ ___mhm_ ___rjw___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________Raymond J. Wagner_________
                  CHAIRPERSON




INDEX

CASE ID AR2003085198
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030930
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.
2.
3.
4.
5.
6.


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