IN THE CASE OF:
BOARD DATE: 16 September 2008
DOCKET NUMBER: AR20080002786
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his record be corrected to show his
Date Entered Military Service (DIEMS) as 1 September 1979; and that his retirement pay plan be changed from High-Three to Final Pay based on his DIEMS date.
2. The applicant states, in effect, that he is requesting that his DIEMS be adjusted to 1 September 1979, the date he enlisted in the United States Army for a period of 6 years. He further requests that based on the correction of his DIEMS that his retirement pay be changed to Final Pay vice High Three.
3. The applicant provides the following documents in support of his application: Self-Authored Statement; Electronic Mail (e-mail); Military Personnel (MILPER) Message (MSG) Number (#) 03-102, dated 26 February 2003; Enlistment Contract (DD Forms 4/1 through 4/4); and United States (U.S.) Army Combined Arms Support Command and Fort Lee, Fort Lee, Virginia, Orders # 059-0503, dated 28 February 2006.
CONSIDERATION OF EVIDENCE:
1. The applicants Official Military Personnel File (OMPF) contains a DD Form 4/1, dated 1 September 1979, which shows he initially enlisted into the United States Army Reserve (USAR) as an Reserve Officer Training Corps (ROTC) Cadet on 11 September 1979.
2. United States Army Combined Arms Support Command and Fort Lee Orders # 059-0503, dated 28 February 2006, authorized the applicants release from active duty (REFRAD) on 31 December 2006, and his placement on the Retired List on 1 January 2007, in the retired grade of Colonel (COL). These orders indicate the applicants DIEMS was 16 May 1981.
3. The applicant provides an e-mail from the Chief, Officer Records Branch, United States Army Human Resources Command (HRC), which indicates his DIEMS is 11 September 1979, but that since the applicant was no longer on active duty, she was unable to make the change to update the system.
4. MILPER Message # 03-102, dated 26 February 2003, Subject: DIEMS Date Accuracy announced an HRC initiative to conduct an Army accuracy scrub to validate DIEMS. 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 members with a DIEMS prior to 8 September 1980 are under the Final Pay Retirement Plan.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DIEMS should have been established as 11 September 1979, the date he enlisted into the USAR as an ROTC Cadet and the supporting documentation he submitted was carefully considered and found to have merit.
2. Army policy stipulates that the DIEMS is the date an individual initially enlisted, was inducted, or appointed in a regular or reserve component of a uniformed service as a commissioned officer, warrant officer, or enlisted member, which includes enlistment as an ROTC Cadet. The evidence of record confirms the applicant enlisted in the USAR for a period of 6 years on
11 September 1979, which is evidenced by the DD Form 4/1 on file.
3. In view of the facts of this case, it would be appropriate to correct the applicants record to show his DIEMS is 11 September 1979, and by amending U.S. Army Combined Arms Support Command and Fort Lee, Fort Lee, Orders # 059-0503, dated 28 February 2006, accordingly. Further, based on his corrected DIEMS, his retirement plan should be corrected by changing the plan from the High-Three Plan to the Final Pay plan, effective the date of his retirement, and he should be provided all back retired pay due as a result.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his DIEMS is 11 September 1979, by amending United States Army Combined Arms Support Command and Fort Lee Orders # 059-0503, dated
28 February 2006, accordingly; by changing his retirement plan from
High-Three to Final Pay, effective the date of his retirement, 1 April 2005; and by providing him all back retired pay due as a result.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to further adjustment of correcting the DIEMS date to 1 September 1979.
_______ _x _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080002786
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ABCMR Record of Proceedings (cont) AR20080002786
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