MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           24 April 2003                   
	DOCKET NUMBER:   AR2002075981

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

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Terry L. Placek		Member	
	Mr. Robert L. Duecaster		Member	
	
The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his Date Initially Entered Military Service (DIEMS) be corrected to include the time he spent in the Reserve Officers Training Corps (ROTC) Advanced Course.

APPLICANT STATES:  In his retirement processing he has learned that he would be retired under a more generous retirement formula if his DIEMS date was established as prior to 1980.

In support of his request he submits orders which awarded him the Ranger Tab, dated 29 August 1977.  He also submits a military training certificate which shows that he completed 2 years of instruction in the Advanced ROTC on 4 June 1978.

EVIDENCE OF RECORD:  The applicant's military records show:

He graduated from the ROTC as a distinguished military student and was commissioned as a second lieutenant on 28 May 1980.

He served on active duty in his commissioned status from 29 June 1981 to 30 September 1985.  He was separated at his own request (unqualified resignation).

While the applicant’s Army Reserve (USAR) records were not provided to the Board, the applicant states that he is currently serving as an Active Guard and Reserve (AGR) lieutenant colonel.

There are three retired pay plans for soldiers retiring from active duty for length of service.  A soldier’s DIEMS date determines which retired pay plan the soldier will be covered under.  The DIEMS date is not used for any other purpose (i.e., it is not used in the retired pay computation.  Retired pay is determined by a member’s basic active service date [BASD] and pay entry basic date [PEBD]). 

     b.  The DIEMS date is the earliest date of enlistment, induction, or appointment in a regular or reserve component of an uniformed service as a commissioned officer, warrant officer, or enlisted member.  A DIEMS date is rarely the same as a basic active service date (BASD) and often earlier than a pay entry basic date (PEBD).  Situations where the DIEMS date will likely be earlier than the PEBD include: 

	- Academy graduate – The DIEMS date is the date the soldier entered the academy.  This is significant since Academy time is not creditable for retired pay purposes (for officers).  If the officer had enlisted or Reserve service before entering the Academy, the DIEMS date would be the date that service began.  

	- ROTC – The DIEMS date is the date the soldier began a ROTC scholarship program or enlisted as a Reserve member in the Senior ROTC program, whichever is earlier.  This is significant since ROTC time is not creditable for retired pay purposes.  If a soldier had enlisted or Reserve service prior to receiving a ROTC scholarship or beginning the ROTC advanced course, the DIEMS date would be the date that service began. 

	- Break in service – The DIEMS date is the date the soldier initially became a member of an uniformed service, any branch or component, even if the soldier had a break in service and reentered at a later date.  For calculating a PEBD, the days, months and years a soldier previously served is subtracted from the date the soldier regains military status. 

	- Delayed Entry Program (DEP) – The DIEMS date is the date the soldier enlisted in the DEP, not the date the soldier came on active duty.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While it is apparent that the applicant was in the advanced course, ROTC, prior to his commission, the date he enlisted in the advanced course is not a matter of record.

2.  A DIEMS date is a precise date, not an approximation nor a range of time.  Without evidence to show the exact date the applicant enlisted in the advanced course ROTC, the Board has insufficient information in which to grant his request.

3.  If the applicant can obtain a copy of his senior ROTC contract from the university from which he graduated, he may reapply.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___tlp___  ____rld __  ____rvow__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075981	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020424	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	135.00	
2.		
3.		
4.		
5.		
6.