RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01056
		INDEX CODE:  102.07

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that his Date Initially Entered Military Service (DIEMS) was 6 Sep 80, rather than 8 Sep 80.

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APPLICANT CONTENDS THAT:

The DIEMS in his record is based on AF Form 1056.  He believes it is in error.  The Air Force Reserve Officer Training Corps (AFROTC) detachment he was assigned to accomplished inprocessing of new cadets on 6 Sep 80.  The other documents in his record completed on his entry into the Air Force are dated 6 Sep 80.  Most significantly, this includes the Addendum to AF Form 1056, signed and witnessed on 6 Sep 80.  He believes it is rational to conclude that he would have signed the Addendum to AF Form 1056 at the same time he signed the AF Form 1056 itself.  This argument is supported in that the same individuals who witnessed his signature to the Addendum on 6 Sep 80 also witnessed his signature on the AF Form 1056.  Finally, the AF Form 1056 for another officer, processed for entry into the Air Force through the same AFROTC detachment, was dated 6 Sep 80.  Based on this evidence, he believes the date on his AF Form 1056 is most likely the result of an erroneous date stamp.  Regardless of an error on the AF Form 1056, his 6 Sep 80 signature on the Addendum to AF Form 1056 should be sufficient to constitute his intent of executing the AFROTC contract.  The significance of the DIEMS currently in his record is the retirement plan he is covered by--“High Three” (effective 8 Sep 80) versus “Final Pay” (prior to 8 Sep 80).  The difference in these two retirement systems for an 0-5 with 20 years of service is several hundred dollars per year.

In support of his appeal, the applicant provided copies of AF Form 1056, Addendum to AF Form 1056, AF Form 2030, the AF Form 1056 of another officer, his enlistment documents (DD Forms 4/1‑4/4), and other documents associated with the matter under review.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of major, having been promoted to that grade on 1 Jul 97.  His Total Active Federal Military Service Date (TAFMSD) is 2 Jan 86.  His DIEMS is 8 Sep 80.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Retirements and Separations Division, AFPC/DPPR, reviewed this application and recommended denial.  DPPR indicated that Title 10, United States Code (USC), Section 1407, outlines retired pay base for members who first became members after 7 Sep 80 for the high‑three retirement pay plan.  Title 10, USC, Section 1406, outlines retired pay base for members who first became members before 8 Sep 80 for final pay.  Title 10, USC 1411, Rules of Construction, is the defining law.  This provision of law states that “For purposes of this chapter and other provisions of law providing for computation of retired or retainer pay of members of the uniformed services, a person shall be considered to first become a member of a uniformed service on the date the person is first enlisted, inducted, or appointed in a uniformed service.” Additionally, AFI 36-2604, Service Dates and Dates of Rank, Table 1, Rule 13, further supports this provision of law and describes how to calculate service dates.  It specifically states that the date initial entry uniformed service includes the date of initial acceptance of commission, appointment, or enlistment in any branch of the Armed Forces (Regular or Reserve; active or inactive).  This is a fixed date and is not adjusted for time lost or breaks in service.  It includes enlistment as a Reserve in the Senior ROTC program or as a scholarship cadet or midshipman under Title 10, USC, 2107 or 2107(a); enlistment under Title 10, USC, 12103; enlistment in the active component delayed entry/enlistment program (DEP); and entrance as a cadet or midshipman at a service academy.

DPPR noted that the applicant signed DD Form 4/1, Enlistment/Reenlistment Document - Armed Forces of the United States, on 8 Sep 80.  Although he participated in military and ROTC activities prior to that date, he was not considered a member of a uniformed service based on the aforementioned provisions of law.  The PDS accurately reflects his DIEMS as 8 Sep 80.

According to DPPR, there are no provisions of law to change the date recorded that a uniformed service member was first enlisted, inducted, or appointed in a uniformed service.  The DD Form 4/1 is the only legal document which is binding between the applicant and the United States Air Force; this was signed on 8 Sep 80.  This document shows the applicant’s first enlistment as an Air Force Reserve member was on 8 Sep 80.  Accordingly, DPPR believes his record should remain the same.

A complete copy of the AFPC/DPPR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 15 Jun 01 for review and response.  As of this date, no response has been received by this office (Exhibit C).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of clear-cut evidence that the applicant’s DIEMS was erroneous, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered
upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 25 Jul 01, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 01, w/atchs.
    Exhibit B.  Letter, AFPC/DPPR, dated 9 May 01.
    Exhibit C.  Letter, SAF/MIBR, dated 15 Jun 01.

                                   
                                   Panel Chair