RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02203

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date of Initial Entry Military Service (DIEMS)/Date of Initial Entry Uniformed Service (DIEUS) be changed from 21 July 1986 to 13 February 1987.
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APPLICANT CONTENDS THAT:

During the month of June 1986, he was misinformed concerning the establishment of his (DIEMS/DIEUS) of 21 July 1986.  He was told that placing his initials on the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) served the sole purpose of confirming a job reservation into the 702X0 career field, which was not available until April 1987.

His initials did not represent his consent for entry into the Delayed Entry/Enlistment Program (DEP), and he did not officially enlist into the military (under oath) until 13 February 1987, at which time he was processed for entry and entered into basic military training.

He further states that his paydate in the Headquarters Air Force (HAF) system is 13 February 1987, and if he had entered into delayed entry or enlistment, his paydate would correspond with that date.

He says that if he had been given accurate and truthful information and advice on what he was signing, it’s quite possible that he would have chosen other options at that time, and if his DIEMS/DIEUS is corrected, it would render him eligible for either the REDUX or High-3 retirement options.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Reserve of the Air Force on 21 July 1986, for entry into the Delayed Entry/Enlistment Program (DEP), for a period of eight years, with the understanding that he would be ordered to active duty as a Reservist unless he reported for enlistment into the Regular component of the Air Force by 13 February 1987.  Applicant was discharged from the DEP on 12 February 1987 for immediate enlistment into the Regular component of the Air Force on 13 February 1987, for a period of four years.

His total active federal military service date (TAFMSD) and paydate is 13 February 1987.  His DIEMS/DIEUS date is 21 July 1986.  He has served on continuous active duty and entered his current enlistment on 22 February 2000.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAOR reviewed the applicant’s request and states that upon entry to active duty, applicant’s DIEUS date was established in accordance with AFI 36-2604, Service Dates and Dates of Rank, Table 1, Rule 13, giving the applicant a DIEUS of 21 July 1986, IAW his DD Form 4, dated 21 July 1986 (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a letter reiterating his original claim that he was misinformed by the recruiter and, based upon that guidance, he was under the impression that his initial entry into military service and entering basic military training took place on 13 February 1987.  He states that he was specifically and verbally informed by the recruiters that the sole purpose of placing his initials on the DD Form 4 was to obtain a job (AFSC) reservation and did not represent entry into the Air Force.

He has over 14 years of service and recently began to consider his retirement options in July 2001.  It is his understanding that eligibility for the (REDUX/High-3) is based upon the service member’s DIEUS, which is why he decided to check his dates in the system.

He feels that he has suffered an injustice by the misinformation and misguidance from the recruiters, and asks the Board’s consideration in correcting his DIEUS to 13 February 1987 (Exhibit E).

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ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPRR reviewed the applicant’s request and recommended denial.  They addressed the applicant’s eligibility for the Career Status Bonus (CSB).  Prior to 1 August 1986, there were only two retirement plans: “final basic pay” for those who entered prior to 8 September 1980 and the “high-3” for those who entered after 8 September 1980.  In 1986, the Military Retirement Reform Act (MRRA), commonly referred to as “REDUX,” was enacted for those who entered service after 31 July 1986.  The term “date entered service” means the date the person is enlisted, inducted or appointed…not TAFMSD.  This includes cadets at service academies…, and persons in the Delayed Entry Program.

When those affected by the MRRA challenged Congress that it was reducing retirement benefits to 40% at 20 years, unless they stayed for 30 years, Congress realized that the program needed to be revised.  Instead of repealing the law, in Oct 99, they created the CSB program giving those affected by the MRRA a choice of retirement plans: 50% at 20 years or a bonus of $30,000 at the 15-year point and only 40% at 20 years (unless you complete 30 years, then you would receive 50%).

By signing the contract prior to 1 August 1986, the applicant’s retirement pay plan was, is and always will be “High-3”…the MRRA did not affect the applicant.  There was no miscounseling at the time the member signed his initial contract (Exhibit F).

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 15 March 2002 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit G).

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The DD Form 4 reflects that the applicant entered military service on 21 July 1986 and that his Date Initial Entry Uniformed Service/Date Initial Entry Military Service was established in accordance with the governing directives.  Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibilities and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application AFBCMR Docket Number 01-02203 in Executive Session on 29 May 2002, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAO, dated 1 Nov 01, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 01, w/atchs.
    Exhibit E.  Letter, Applicant’s Response, dated 15 Nov 01.
    Exhibit F.  Letter, HQ AFPC/DPPRR, dated 15 Mar 02.
    Exhibit G.  Letter, SAF/MRBR, dated 15 Mar 02, w/atch.