RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00350
		INDEX NUMBER: 100.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date of Initial Entry to Uniformed Services (DIEUS) be changed from 19 December 1980 to 25 August 1980, or in the alternative, his records be corrected to show that he falls under the retirement plan of final basic pay as established under Title 10 Section 1407.

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THE APPLICANT CONTENDS THAT:

Due to administrative delays in processing his Reserve Officer Training Corps (ROTC) scholarship, his DIEUS date is 19 December 1990.  The DIEMS date is used to determined the retirement plan a member falls under.  The error in his DIEUS date places him in a less than favorable retirement plan.

In support of the appeal, applicant submits a letter from his former AFROTC Detachment Commander indicating that administrative delays resulted in the late processing of the applicant’s scholarship contract.

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the Air Force Reserve on 19 December 1980, for a period of eight years.  He was commissioned a second lieutenant in the Air Force Reserve on 7 December 1984, and entered active duty on 15 December 1985.

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AIR FORCE EVALUATION:

AFPC/DPPAO recommends the application be denied and states, in part, that the applicant’s DIEUS date was established correctly upon his entry to active duty.

The AFPC/DPPAO evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The evaluation does not cite the correct regulation and used Air Force directives to justify their recommendation to deny his application.  Undue consideration or weight should not be placed on the evaluation since they have no power or authority to deviate from Air Force regulations.  The Secretary of Defense acknowledges that some individuals have unique situations that complicate determining their DIEUS.  One of the specific examples given is beginning an ROTC scholarship program.  He began the ROTC program when he complied with all the conditions listed in the scholarship offer letter and enrolled in the ROTC on 25 August 1980.  While the Air Force normally used the DIEUS date to establish the retirement formula, the ROTC contract he signed establishes that he is entitled to the retirement plan prescribed by law and regulation as of the day he started his first term of college work.  In his case, these dates are not the same and materially affect the retirement plan he falls under.  The Air Force could have reasonably been expected to have the scholarship contract ready on this date had there not been any administrative delays.

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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note the DIEUS is established based on the date of initial acceptance of commission, appointment, or enlistment in any branch of the armed forces, to include enlistment as a Reserve in the Senior ROTC program.  The DIEUS is used to determine, among other things, what retirement plan a member falls under.  The applicant contends that administrative delays resulted in his receipt of a DIEUS that will render him ineligible for the final basic pay retirement plan established in Section 1407, United States Code.  The evidence of record indicates that applicant complied with all of the conditions listed in the ROTC scholarship offer letter and enrolled in the AFROTC on 25 August 1980.  However, he was unable to execute his AFROTC enlistment until 19 December 1980.  Applicant’s former AFROTC Detachment Commander states the delay in processing of applicant’s ROTC scholarship contract was due to medical emergencies and marital problems occurring within the AFROTC detachment personnel.  In view of the commander’s statement and since the delay was through no fault of applicant, we do not believe he should be penalized.  Therefore, we recommend his Date of Initial Entry to Uniformed Services (DIEUS) be adjusted to 25 August 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 Services (DIEUS) be established as 25 August 1980, rather than 19 December 1980.

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The following members of the Board considered Docket Number BC-2004-00350 in Executive Session on 21 July 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 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAO, dated 8 Mar 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.
    Exhibit E.  Letter, Applicant, dated 23 Mar 04

                                   Panel Chair

AFBCMR BC-2004-00350

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 XXXXXXX, XXXXXXX, be corrected to show that his Date of Initial Entry to Uniformed Services (DIEUS) be, and hereby is, established as 25 August 1980, rather than 19 December 1980.

                                                                            Director
                                                                            Air Force Review Boards Agency