PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           06 AUGUST 2002                   
	DOCKET NUMBER:   AR2002069180

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Paula Mokulis		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected by showing his Date Initially Entered Military Service (DIEMS) as 4 September 1979.  

3.  The applicant states that his DIEMS date is incorrectly listed as 24 May 1981, when in fact he signed his enlistment contract, took his oath of enlistment, became subject to the Uniform Code of Military Justice, and started to receive pay and allowances as of 4 September 1979.  The DIEMS date currently in his records for retirement pay purposes is incorrectly based on the U.S. Military Academy commissioning date of 24 May 1981, rather than when he actually took his oath of enlistment.  In support of his request the applicant submits copies of his enlistment agreement, his Reserve Officers’ Training Corps (ROTC) contract, and documents explaining how an individual’s DIEMS date is determined, and how it relates to the different retirement pay systems used in the computation of retirement pay.  

4.  The applicant’s military records show that he enlisted in the U.S. Army Reserve on 4 September 1979, for a period of 6 years.

5.  The applicant enrolled at the University of Akron, in Akron, Ohio as an ROTC cadet on 4 September 1979, as evidenced by his DA From 597 (Army Senior Reserve Officers’ Training Corps Student Contract).   

6.  On 24 May 1981, after completion of ROTC he was commissioned in the regular Army as a second lieutenant.  

7.  On 31 May 2001, the applicant retired under the provisions of Army Regulation 600-8-24, for sufficient service for retirement.  

8.  In the processing of this case an advisory opinion was obtained from the 
U.S. Total Army Personnel Command (PERSCOM), Officer Retirements and Separations Section, which verified that the applicant’s correct DIEMS is             4 September 1979.  The applicant was provided a copy of the advisory opinion and concurred with its findings.

CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the U.S. Army Reserve on 4 September 1979, and therefore his DIEMS date should be corrected to reflect this date.  

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by changing the applicant’s Date Initially Entered Military Service from 24 May 1981 to 4 September 1979.

BOARD VOTE:  

__LLS __  ___PM __  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069180	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.