RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 January 2006
      DOCKET NUMBER:  AR20050006168


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  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.

2.  The applicant states, in effect, he entered into a contract with the
United States Army by signing an Army Senior Reserve Officers’ Training
Corps Student Contract (DA Form 597) and Enlistment/Reenlistment Document-
Armed Forces of the United States (DD Form 4) on 10 September 1979.  Based
on these contracts, his DIEMS should have been established as 10 September
1979, and because this is prior to 7 September 1980, he should have been in
the Final Pay retirement plan, as opposed to the High-Three retirement plan
under which he is now receiving retired pay.

3.  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 1979; Reserve Officer Training Corps
(ROTC) Appointment (DA Form 2496), dated 10 September 1979; Pay Inquiry (DA
Form 2142), dated 8 May 2003; Leave and Earnings Statements (LESs) April
-July 2004;
Retirement Orders (Headquarters, I Corps and Fort Lewis Orders Number (#)
012-0020, dated 12 January 2004; Defense Finance and Accounting Service
(DFAS) Message, dated 2 April 2004; and Applicant Letter to DFAS, dated
25 October 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he entered into an ROTC scholarship
contract, was appointed a scholarship cadet, and enlisted in the USAR for
six years on
10 September 1979.

2.  Headquarters, I Corps and Fort Lewis Orders Number 012-020, dated
12 January 2004, authorized the applicant’s release from active duty
(REFRAD) on 31 August 2004, and his placement on the Retired List on 1
September 2004, in the retired grade of lieutenant colonel (LTC).  These
orders indicate the applicant’s DIEMS date was 1 May 1982.

3.  On 12 April 2004, the applicant submitted a memorandum to Human
Resources Command (HRC) regarding a correction to his DIEMS.  He indicated
that he had attempted to correct his DIEMS through his unit, Cadet Command
and through the DIEMS website.  He included copies of his DA Form 597
showing he entered an ROTC scholarship contract on 10 September 1979.  The
record is void any response from HRC.

4.  On 17 September 2004, the DFAS provided the applicant a summary of his
retired pay account.  This summary indicated that since he entered the
military after 7 September 1980, his retired pay was computed using his
monthly pay instead of his last active duty basic pay.  The monthly base
pay was the average of the 36 highest monthly basic pay rates he received
on active duty.

5.  On 25 October 2004, the applicant submitted a letter to DFAS informing
them that his DIEMS was changed from 10 September 1979 to some unknown date
in 1980.  He claimed this error resulted in his being retired under the
wrong retirement plan.  He claimed he was qualified for and should have
been paid in accordance with final base pay instead of the significantly
reduced amount he was receiving.  DFAS informed the applicant they needed
amended orders from the active Army to change his DIEMS.

6.  In January 2005, the applicant again attempted to correct his DIEMS
through Western Region, United States Army Cadet Command; however, he was
informed he would have to apply to this Board for the correction.

7.  Military Personnel (MILPER) Message Number 03-102, dated 26 February
2003, Subject: DIEMS Date Accuracy, announced an HRC initiative to conduct
an Army accuracy scrub to validate DIEMS dates.  DIEMS was defined as the
date an individual was initially enlisted, inducted, or appointed in a
Regular or Reserve Component of a Uniformed Service.  It further stated, in
pertinent part, that the DIEMS for ROTC cadets would be the date they
entered a Scholarship Contract or the date they began the ROTC advanced
course, whichever is earlier; and that members with a DIEMS date prior to 8
September 1980 are under the Final Pay Retirement Plan.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DIEMS date should have been
established as 10 September 1979, the date he entered into an ROTC
scholarship contract and enlisted in the USAR as a cadet and the supporting
documentation he submitted was carefully considered and found to have
merit.

2.  The Army policy stipulates that the DIEMS date for an ROTC cadet will
be established as the date the member entered into an ROTC scholarship
contract, or began the ROTC advanced course, whichever is earlier.  The
evidence of record confirms the applicant entered into a ROTC scholarship
contract, was appointed a scholarship cadet, and enlisted in the USAR for
six years on
10 September 1979, which is evidenced by the DA Form 597 and DD Form 4
on file in his record.

3.  In view of the facts of this case, it would be appropriate to correct
the applicant’s record by to show his DIEMS date is 10 September 1979, by
amending Headquarters, I Corps and Fort Lewis Orders Number 012-020, dated
12 January 2004 accordingly.  Further, based on his corrected DIEMS date,
his retirement plan should be corrected by changing it from High-Three to
Final Pay, effective the date of his retirement, and he should be provided
all back retired pay due as a result.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WDP_  ___TMR   ___RJF__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing his DIEMS date is 10 September 1979, by amending Headquarters,
I Corps and Fort Lewis Orders Number 012-020, dated 12 January 2004; by
changing his retirement plan from High-Three to Final Pay, effective the
date of his retirement, and by providing him all back retired pay due as a
result.




            ____William D. Powers____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050006168                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/05                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/08/31                              |
|DISCHARGE AUTHORITY     |10 USC 3911                             |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |129.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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