RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01673
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date Initial Entry Uniformed Service (DIEUS) be changed from 13 May 1986 to 17 October 1986.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate offices of the Air Force (Exhibits C & D).

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AIR FORCE EVALUATION:

AFPC/DPPAO recommended denial.  They indicated that the contract that the applicant references is not an enlistment contract, but is an enlistment agreement.  The applicant signed a DD Form 4 (Enlistment/Reenlistment Document) on 13 May 1986, which is the source document used in establishing the DIEUS.

Upon entry to active duty the DIEUS date was established as 13 May 1986 in accordance with AFI 36-2604, Service Dates and Dates of Rank, 1 July 1999, Table 1, Rule 13 and the applicant’s DD Form 4, 13 May 1986.  Based on governing directives, the applicant’s DIEUS was established correctly.  If the decision is to grant the relief sought, the records should be corrected to reflect a DIEUS of 17 October 1986.

The evaluation, with attachments, is at Exhibit C.

AFPC/DPPRR recommended denial.  They indicated that prior to 1 August 1986, there were only two retirement plans on the books:  “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, students enrolled in a reserve component as part of the Services' senior ROTC programs or ROTC financial assistance programs, students in the Uniformed Services University of the Health Sciences, participants in the Armed Forces Health Professions Scholarship program, officer candidates in Officer Training School, and persons in the Delayed Entry Program.

When those affected by the MRRA challenged Congress that it was reducing retirement benefits to 40% @ 20 years, unless you stayed for 30 years (which is impossible to do on active duty without promotion), Congress realized that the program needed to be revised.  Instead of repealing the law, in October 1999, they created the CSB program giving those affected by the MRRA a choice of retirement plans:  50% @ 20 years OR a bonus of $30K at the 15-year point and only 40% @ 20 years (unless you complete 30 years, then you’ll receive 50%).

By signing a contract prior to 1 August 1986, the member’s retirement pay plan was, is and always will be “High-3”…the MRRA didn’t affect the member.  The applicant’s DIEMS date is correct as 13 May 1986.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 June 2002, copies of the evaluations were forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of 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 an error or an 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 AFBCMR Docket Number 02-00004 in Executive Session on 24 July 2002, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 May 2002.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAO, dated 3 June 2002, w/atchs.
   Exhibit D.  Letter, AFPC/DPPRR, dated 4 June 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 14 June 2002.

				
				Panel Chair