RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00706
		INDEX CODE:  112.05

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date Initially Entered Military Service (DIEMS) be changed from 23 Sep 80 to 26 Aug 80.

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APPLICANT CONTENDS THAT:

He completed the Air Force Reserve Officer Training Corps (AFROTC) Field Training on 26 Aug 80.  As of that date, he was eligible to enlist as a Reserve of the Air Force.  As soon as he returned from training, he reported back to his detachment and was informed that he needed to report back one day prior to classes starting 23 Sep 80 to complete administrative paperwork.  On 23 Sep 80, he reported as ordered and was sworn into the service.

Although he was eligible, he was not given the option to enlist on or before 8 Sep 80, nor was he provided an explanation of the consequences if he failed to enlist on or before this date.

In support of his appeal, the applicant provided expanded statements, and copies of his certificate of completion of AFROTC Field Training, AF Form 1056, and the Reserve Order enlisting him as a Reserve of the Air Force.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Available documentation indicates that the applicant completed AFROTC Field Training at Vandenberg Air Force Base (AFB) on 26 Aug 80.

On 23 Sep 80, the applicant enlisted as a Reserve of the Air Force for six (6) years, and was assigned to ARPC/ORS (AFROTC), with attachment to AFROTC Detachment 645, The Ohio State University.

Information extracted from the Personnel Data System (PDS) indicates that the applicant is currently serving on active duty in the grade of lieutenant colonel, having been promoted to that grade on 1 May 99.  His Total Active Federal Military Service Date (TAFMSD) is 9 Jan 83.
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AIR FORCE EVALUATION:

AFPC/DPPAO recommended denial.  AFPC/DPPAO indicated that in accordance with Title 10, United States Code, Section 1411, the DIEMS is the date a member initially entered the military service.  AFPC/DPPAO noted that the applicant enlisted in the AFROTC program on 23 Sep 80.  Based on current directives, AFPC/DPPAO stated that the applicant’s DIEMS is correct.

A complete copy of the AFPC/DPPAO evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that he wanted to clarify that his request is to have his DIEMS changed to 26 Aug 80--the date he was eligible to enlist.  His current DIEMS is a reflection of an administratively convenient way to deal with a large number of cadets and enlist them en masse and not based on any current or past directive.

Applicant’s complete response is at Exhibit E.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We note that, by law, the DIEMS is the date an individual is first enlisted, inducted, or appointed in a uniformed service.  The evidence of record reflects that the applicant enlisted as a Reserve of the Air Force on 23 Sep 80 and was then assigned to an AFROTC attachment.  While it appears that the applicant did participate in AFROTC activities prior to that date, he was not considered a member of a uniformed service based on the aforementioned provisions of law.  In view of the foregoing, and in the absence of sufficient 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 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 AFBCMR Docket Number 02-00706 in Executive Session on 4 Jun 02, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAO, dated 12 Mar 02, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Apr 02.
    Exhibit E.  Letter, applicant, dated 6 May 02.