RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01454 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Date of Initial Entry to Uniformed Service (DIEUS) be changed from 13 October 1980 to 10 March 1980. ________________________________________________________________ THE APPLICANT CONTENDS THAT: His DIEUS should match the date he accepted his Air Force Reserve Officer Training Corps (AFROTC) scholarship. He did not sign the contracts until the fall because he was geographically separated from his AFROTC location. The 1986 Military Reform Act retroactively established the REDUX retirement plan with a cut-off date of 8 September 1980. He entered military service by accepting the Air Force scholarship, attended field training and the Air Force paid classes prior to 8 September 1980. In support of his appeal, the applicant provides a copy of his DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, dated 13 October 1980; email correspondence, and his Air Force Reserve Appointment Order. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the grade of colonel with an effective date and date of rank (DOR) of 1 December 2004. His pay date and Total Federal Commissioned Service Date (TFCSD) is 22 May 1982. The applicant started classes on 3 September 1980 and signed the DD Form 4 on 13 October 1980. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIPV recommends denial. The applicant did not provide any proof of a verbal contract between himself and the Air Force, obligating him or the government. He did not provide any documentation showing he attended field training during the summer of 1980. In addition, the DD Form 4 is the document used to determine the DIEUS of an enlisted member. Changing his DIEUS would change his retirement system from High-3 to Final Pay. The complete AFPC/DPSIPV evaluation is at Exhibit C. AFROTC/CC noted that currently AFROTC Processional Officer Course cadets attend field training, return to the AFROTC detachment and sign their DD Form 4 contract providing they meet all eligibility requirements. AFROTC does not make or accept verbal contracts. While they believe this was also the practice when the applicant enlisted, they cannot guarantee that was the case. The complete AFROTC/CC evaluation is at Exhibit D. Holm Center/JA recommends deny, stating, in part, changing the date of contracting via the DD Form 4 signed in 1980 will not affect the date the applicant entered Federal service, that date is the day he was commissioned in 1982. They note the recommendation of AFROTC/CC. In addition, active Federal service does not begin at the time the AF Form 1056, AFROTC contract and associated DD Form 4 is signed, but rather upon commissioning. The AF Form 1056 creates a contingent contract under which a cadet is paid a scholarship and/or stipend, with the agreement that if all terms of the contract are met the cadet will be offered a commission into the Air Force. If the terms of the contract are not met the cadet may be called into active service in an enlisted grade. The associated DD Form 4 is signed for that purpose only, and the cadet is officially entered into the Individual Ready Reserve (IRR). The cadet is at that time a civilian in all legal respects essentially identical to a person entered into the IRR subsequent to leaving the military. Contracted cadets are not active duty members and their time in ROTC is not counted toward total Federal service, they are subject to the terms of the AF Form 1056 contract, not the Uniform Code of Military Justice (UCMJ), neither scholarship nor stipends are considered military pay, and but for narrowly defined statutory exceptions cadets are not entitled to health care at military treatment facilities. AFROTC does not verbally contract with cadets. The current policy is that Professional Officer Course cadets attend field training, return to their AFROTC detachment and sign their AF Form 1056 contract and DD Form 4 providing they meet all eligibility requirements. While the current commander believes this was also the practice at the time the applicant was commissioned, he cannot guarantee this was the policy and therefore cannot offer an opinion to affirm or negate the applicant’s request. Signing the AF Form 1056 and DD Form 4 does not enter an AFROTC cadet into Federal service in the active duty Air Force, the Air National Guard, or the active Air Force Reserve. Federal service is counted from the date of commissioning. The complete Holm Center/JA evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant notes that the advisory opinions were based on AFROTC current policy and understanding of the AF Form 1056 AFROTC contract and associated DD Form 4 processes. However, his request has nothing to do with current policies or procedures but is based on obligations implicit to both parties in accepting an AFROTC scholarship. He further explained the circumstances surrounding his AFROTC acceptance and field training. When the Military Reform Act of 1986 retroactively established date for the different retirement systems, the DIEUS became important. It was his understanding that he fell under the Final Basic Pay system based on the cut-off dates that were announced, all he had been told, and his knowledge of when he accepted the AFROTC scholarship and entered Summer Field Training (SFT). It was not until the Defense Finance and Accounting Service (DFAS) started putting DIEMS/Retirement Plan information on Leave and Earning Statements (LES) a few years ago that he realized there was an error that needed to be fixed. Since a DIEUS date is the earliest of; 1) the date you sign an ROTC scholarship contract, or 2) the date you begin your ROTC program, he hereby claims that he satisfied both requirements (as long as a verbal contract is as valid as a written one). The applicant’s complete response, with attachments, is at Exhibit G. ________________________________________________________________ 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 warranting partial relief. We note the applicant’s stated request to have his DIEUS changed from 13 Oct 80 to 10 Mar 80. It appears that upon completion of field training, the applicant returned to the AFROTC detachment to sign the contract documents. The AFROTC/CC acknowledges that this is the current practice and while they believe this was the policy at the time the applicant was commissioned, they cannot guarantee this was the case. Nonetheless, while it appears this practice could have been the same at the time the applicant entered the AFROTC program, in our view, and based on a plain reading of the laws and policies in effect at the time, we believe the beginning of the AFROTC program sets the DIEUS and not as the applicant believes, the graduation or commissioning date. Therefore, his DIEUS date should be changed to 3 Sep 80, the date he started classes under the AFROTC contract. Accordingly, we recommend the applicant’s record be corrected to the extent indicated below. ________________________________________________________________ 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 changed to 3 September 1980 rather than 13 October 1980. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01454 in Executive Session on 10 November 2010, 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 30 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIPV, dated 12 May 10. Exhibit D. Letter, AFROTC/CC, dated 28 Jun 10. Exhibit E. Letter, Holm Center/JA, dated 7 Jul 10. Exhibit F. Letter, SAF/MRBR, dated 16 Jul 10. Exhibit G. Letter, Applicant, dated 22 Jul 10, w/atchs. AFBCMR BC-2010-01454 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: APPLICANT be corrected to show that his Date of Initial Entry to Uniformed Service (DIEUS) be changed to 3 September 1980 rather than 13 October 1980.