RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02517
		INDEX CODE:  102.01

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His Date of Initial Entry to Uniformed Service (DIEUS) be changed from 4 November 1980 to 2 September 1980.

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APPLICANT CONTENDS THAT:

He was awarded a 4-year Air Force Reserve Office Training Corps (AFROTC) scholarship in 1980 and started college on 2 September 1980.  DIEUS for AFROTC 4-year scholarship cadets is defined as the first day of the first year of school (the beginning of the ROTC commissioning program for scholarship cadets).  Errors by AFROTC delayed the filing of paperwork for completion of his Enlistment Contract, thus creating an incorrect DIEUS.  AFROTC rightfully corrected his scholarship (he received full “back-pay”) to the beginning of the school year to include reimbursement for his books, tuition and monthly pay), but his DIEUS was not corrected.  He was told at that time his DIEUS was not important but this date is now important to him as he should rightfully fall under the “Final Basic Pay” retirement vs. the “High 3” system he is now under due to this incorrect DIEUS.  The Department of Defense changed the retirement system for personnel entering the military after 8 September 1980, well after his 1984 commissioning in the Air Force.

He attempted to secure additional proof for his 4-year scholarship beginning on 2 September 1980 and was told specific cadet information from that long ago was unavailable.  His college transcripts show his attendance at college and ROTC started on 2 September 1980.

In support of his application, the applicant provided copies of correspondence between himself, civilian and military authorities concerning the matter under review.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve, Obligated Reserve Section (ORS) on 4 November 1980 for a period of eight years.  The purpose for the enlistment was the applicant’s participation in the AFROTC and the College Scholarship Program (CSP).  In his application for appointment, completed on 20 October 1983, the applicant indicated he was a university student from 9 September 1980 to 20 May 1984.  Having been discharged from enlisted status, on 19 May 1984, the applicant was appointed a second lieutenant, Reserve of the Air Force, and was voluntarily ordered to extended active duty on 10 August 1984.  The applicant has continued to serve on active duty since that date and has been progressively promoted to the grade of lieutenant colonel.  Information maintained in the Personnel Data System (PDS) indicates that his Total Years Service Date (TYSD), Paydate and his Total Federal Commissioned Service Date (TFCSD) is 19 May 1984.

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AIR FORCE EVALUATION:

AFPC/DPPAO states that based on the governing directives, the applicant’s Date of Initial Entry into Uniformed Service (DIEUS) was established correctly based on his entry into the USAFR (ORS) on 4 November 1980.  Therefore, they recommend denial of applicant’s request.  However, if the decision is to grant the relief sought, the records should be changed to reflect a DIEUS date of 2 September 1980. 

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he agrees with AFPC’s summary of his basis for request except for their final statement, “…there was a delay in signing the required paperwork needed to make the correction to his DIEUS.”  He states, actually, there was an AFROTC-induced delay in processing his four-year scholarship award delaying his signing of a DD Form 4, thus creating his current, inaccurate 4 November 1980 DIEUS.

Second, he does not agree with their conclusion, “Based on governing directives, the applicant’s DIEUS date was established correctly.”  He refers to AFI 36-2604 (Atch 2), Table 1, Rule 13 stating in part that the DIEUS is computed “from the date of…enlistment…as a scholarship cadet.”  He began and was paid for his enlistment as a scholarship cadet when he entered the Penn State University AFROTC program on 2 September 1980.  Although he signed his DD Form 4 on 4 November, 2 September is his true date of enlistment, and should be reflected in his official military records.

When all facts are assembled in his case, he believes a mistake will be seen, which will result in an injustice that needs to be corrected.  In 1980, AFROTC personnel advised him the date he signed the DD Form 4 was inconsequential to any official matters.  The date, in essence, was meaningless to him until the DOD established that all military personnel with a DIEUS of 8 September 1980 and after would receive “High 3” versus “Full Pay” retirement benefits.  He rightfully falls under the “Full Pay” system.

A copy of applicant’s response, with attachments, is attached at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

On 18 March 2004, applicant’s case was returned to SAF/MRBR and the appropriate OPR for further review and a determination as to whether administrative relief is possible with respect to the issue raised in his appeal.  The applicant was informed his case was being administratively closed and returned to the Air Force Personnel Center for a determination as to whether administrative relief is possible (Exhibit F).

AFPC/DPPAOR states that the only appropriate document they would consider and accept as proof of enrollment in the ROTC program would be a copy of the DD Form 4.  The applicant did not provide a copy of this document.  The documents he provided do not reflect entry into the ROTC program, but only reflect dates pertaining to school enrollment and class start dates.

A copy of their evaluation is at Exhibit G.

AF/JA states that DIEUS is a fixed date reflecting service from the date of initial acceptance of commission, appointment or enlistment in any branch of the Armed Forces (Regular or Reserve; active or inactive).  AFI 36-2604, Service Dates and Dates of Rank, Table 1, Rule 13.  Applicant’s DIEUS is correct.  DIEUS, as it relates to ROTC cadets, reflects enlistment in the reserves as part of an ROTC contract.  DIEUS is the enlistment date, not the date of attendance at ROTC functions or college classes.  Even if the applicant’s unsubstantiated statements regarding intended earlier enlistment were substantiated, that still would not change his DIEUS since the enlistment did not occur until 4 November 1980.

A copy of the evaluation is at Exhibit H.

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APPLICANT'S ADDITIONAL REVIEW OF AIR FORCE EVALUATION:

Applicant states that AFPC/DP does have a copy of his DD Form 4 that was supplied with their 3 August 2002 advisory opinion.  Much more importantly, the basis for his case is the DD Form 4 inaccurately reflects his actual enlistment in ROTC and should not be used as proof of enrollment in the ROTC program.  He understands and has never contested he signed his DD Form 4 on 4 November 1980; he remembers the event.  He continues to contend, however, the 4 November 1980 signing was delayed wholly due to AFROTC errors processing his four-year scholarship award, which the USAF awarded him in the spring of 1980.  This delay wrongly postponed his signing of a DD Form 4 from his 2 September 1980 ROTC start to 4 November 1980.  This created his current, inaccurate 4 November 1980 DIEUS.  Therefore, he contends 2 September 1980 should be his true date of enlistment, and should be reflected in his official military records.

He agrees with AFPC/JA’s definition of DIEUS.  He accepted, began and was paid for his enlistment as a scholarship cadet when he entered Penn State and the AFROTC program on 2 September 1980.  Although AFROTC errors delayed the processing of his scholarship and thus the signing of the DD Form 4, he contends he fully met all the criteria intended in this AFI for a 2 September 1980 DIEUS.

He disagrees with AFPC/JA’s closing statement in their letter.  He believes that if the Board finds, based on the proof he can provide along with his own personal testimony, that his proper enlistment date should be 2 September 1980, his DIEUS should be corrected from 4 November 1980 to 2 September 1980.

He takes using the Board’s time and resources very seriously.  The correction of his DIEUS, not of any consequence when he signed the DD Form 4, is now important.  The date essentially was meaningless to him until the DoD recently established that all military personnel with a DIEUS of 8 September 1980 and after would receive High 3 versus full pay retirement benefits.  He believes he rightfully fall under the full pay system.

A copy of applicant’s response is at Exhibit J.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note the DIEUS for AFROTC 4-year scholarship cadets is defined as the first day of the first year of school (the beginning of the ROTC commissioning program for scholarship cadets).  The applicant contends that errors by AFROTC delayed the filing of paperwork for his scholarship and the completion of his DD Form 4, Enlistment Contract, thus creating an incorrect DIEUS.  Applicant also contends that HQ AFROTC rightfully corrected his scholarship and he received full back-pay to the beginning of the school year to include reimbursement for his books, tuition, and his $100/month pay, but his DIEUS was not corrected.  He further states AFROTC detachment personnel at Penn State University told him, as a young cadet, it was not a date of any significant importance.  Based on the information contained in the case file, we believe that the applicant has been the victim of injustice.  In view of the misleading information and since the delayed of filing of paperwork was of no fault of the applicant, we do not believe he should be penalized.  Therefore, we recommend his Date of Initial Entry to Uniformed Service (DIEUS) be adjusted to 2 September 1980.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that his Date of Initial Entry to Uniformed Service (DIEUS) be established as 2 September 1980, rather than 4 November 1980.

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The following members of the Board considered Docket Number BC-2002-02517 in Executive Session on 30 September 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Jul 02, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAO, dated 3 Aug 02, 2/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 02.
   Exhibit E.  Applicant’s Response, dated 27 Sep 02, w/atch.

   Exhibit F.  Memorandum, dated 18 Mar 04, w/atch.
   Exhibit G.  Letter, AFPC/DPPAOR, dated 9 Jul 04.
   Exhibit H.  Memorandum, JA, dated 29 Jun 04.
   Exhibit I.  Letter, SAF/MRBR, dated 16 Jul 04.
   Exhibit J.  Applicant’s Response, dated 23 Jul 04.

                                   

AFBCMR BC-2002-02517

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that his Date of Initial Entry to Uniformed Service (DIEUS) be, and hereby is, established as 2 September 1980, rather than 4 November 1980.