RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 February 2006
      DOCKET NUMBER:  AR20050008475


      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:

|     |Ms. Linda D Simmons               |     |Chairperson          |
|     |Mr. Jeffrey \                     |     |Member               |
|     |Mr. David K. Hassenritter         |     |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 Date Initially Entered
Military Service (DIEMS) be changed to reflect the actual date he entered
military service.

2.  The applicant states, in effect, that the Defense Finance and
Accounting Service (DFAS) has determined that he should receive retired pay
based on the high three formula based on a DIEMS date of 4 November 1981.
However, he claims the actual date he first entered the Army is 9 December
1974, as is reflected in his retirement orders.

3.  The applicant provides the following documents in support of his
application:  Retirement Orders; 21 December 1977 Separation Document (DD
Form 214); and 10 May 2005 DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he initially enlisted in the United
States Army Reserve (USAR) Delayed Entry Program (DEP) on 9 December 1974
and on 15 January 1975, he entered active duty in the Regular Army.  He
served on active duty for 2 years, 11 months and 7 days until being
honorably separated on 21 December 1977.

2.  On 4 November 1987, the applicant reenlisted in the Regular Army and
continuously served on active duty for an additional 17 years, 6 months and

7 days until 10 May 2005, at which time he was honorably released from
active duty (REFRAD) for the purpose of disability retirement.

3.  Directorate of Human Resources, United States Army Garrison-Hawaii
Orders Number 056-0005, dated 25 February 2005, directed the applicant’s
REFRAD, by reason of permanent disability, on 10 May 2005.  It also
authorized his placement on the Retired List, in the rank of first
sergeant, on 11 May 2005.  These orders also confirmed that the applicant’s
DIEMS date was 9 December 1974, the date of his enlistment in the USAR DEP.


4.  The DD Form 214 issued to the applicant on 10 May 2005 shows that he
completed 17 years, 6 months and 8 days during the period of active duty
covered by the separation document and that he completed 2 years, 11 months
and 7 days of prior active duty service for a total of 20 years, 5 months
and
14 days of active military service.


5.  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 as a commissioned
officer, warrant officer, or enlisted member.  It further indicated that
“breaks in service would not affect the date someone first became a member.
 It further indicated that the DIEMS of members of the DEP would be the
date the enlistment contract was signed regardless of when the Soldier
entered active duty.

6.  MILPER Message 03-102 further indicated, in pertinent part, that
members with a DIEMS date prior to 8 September 1980 are under the “Final
Pay” retirement plan, and members with a DIEMS date of 8 September 1980
through 31 July 1986 are under the “High-3” retirement plan.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DIEMS date should have been
established to accurately reflect the actual date he entered military
service and the supporting documents he submitted were carefully considered
and found to have merit.

2.  The Army policy defines DIEMS as the date an individual was initially
enlisted, inducted, or appointed in a Regular or Reserve Component of a
Uniformed Service as a commissioned officer, warrant officer, or enlisted
member.  It further stipulates that the DIEMS of members of the DEP would
be the date the enlistment contract was signed regardless of when the
Soldier entered active duty.

3.  The evidence of record in this case includes a signed enlistment
contract that shows the applicant enlisted in the USAR DEP on 9 December
1974.  Further, the applicant’s retirement orders accurately reflects his
DIEMS as 9 December 1974.

4.  In view of the facts of this case, it would be appropriate to correct
the applicant’s record to show his DIEMS date is 9 December 1974, and by
correcting his retirement plan by changing it from High-Three to Final Pay,
effective 10 May 2005, the date of his retirement.  In addition, the
applicant should be provided all back retired pay due as a result of this
correction.
BOARD VOTE:

___LDS _  __JCR__  __DKH___  GRANT FULL RELIEF

________  ________  ________  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 Date Initially Entered Military Service (DIEMS) date is 9
December 1974; by changing his retirement plan from High-Three to Final
Pay, effective 10 May 2005, the date of his retirement; and by providing
him all back retired pay due as a result.




            ____Linda D. Simmons___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050008475                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/02/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/05/10                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Retirement-Disability                   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |129.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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