RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00691
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Date of Initial Entry Military Service (DIEMS) be changed from 14 Feb 86 to 9 Sep 86.

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APPLICANT CONTENDS THAT:

He was advised by the Air Force, that he was entitled to receive the Career Status Bonus (CSB) under the new REDUX retirement plan.  He accepted the CSB and six months later the Air Force advised him that, “due to a problem with the Military Personnel Data System (MILPDS) at the time of his election, the error was not noticed until after he had received the payment.”  This error has placed him in a financial hardship situation, through the prospect of having to repay the full $30,000 CSB to include the withheld taxed portion of $8,400, which he never actually received and will not be able to recoup without incurring IRS interest penalties.

In support of his appeal, applicant submitted a chronological accounting of events associated with his election, selection, and repayment of the CSB.

A complete copy of his submission is at Exhibit A.

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STATEMENT OF FACTS:

On 14 Feb 86, the applicant enlisted in the Reserve of the Air Force, Delayed Entry/Enlistment Program, for a period of eight years.  His DIEMS date was established as 14 Feb 86.  He was honorably discharged from the DEP on 8 Sep 86, and he enlisted in the Regular Air Force on 9 Sep 86, for a period of four years.  He has served on continuous active duty, and is currently serving in the grade of master sergeant.

On 19 Sep 01, applicant was advised of his eligibility to elect the Career Status Bonus (CSB).  On that same date, he elected to receive the CSB payment, a one-time lump-sum payment, upon his attainment of 15 years of active duty service.  On 7 May 02, he was advised that the CSB payment was made in error due to the fact that his DIEMS date was prior to 1 Aug 86, which rendered him ineligible for the program.  This error was a result of problems with the Military Personnel Data System (MILPDS) at the time of his election, and was not noticed until after he had received his payment.

The FY00 National Defense Authorization Act (NDAA), Sections 641 to 644, Public Law 106-65, 5 Oct 99, provides that those persons who first became members of a Uniformed Service on or after 1 Aug 86 (as determined by their Date of Initial Entry to Military Service/Date of Initial Entry to Uniformed Service (DIEMS/DIEUS)), are under the High-3/50% retired pay plan unless they elect to receive a $30,000 one-time lump-sum Career Status Bonus (CSB) on or about their 15th year of active duty service.  To elect the bonus, members must agree to remain on continuous active duty through 20 years of active service and agree to a reduced retirement plan.

Applicant applied for a remission of the indebtedness; however, his request was denied by the Director, Air Force Review Boards Agency.  He was advised of his right to file an appeal through the Board for Correction of Military Records (BCMR).

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AIR FORCE EVALUATION:

HQ AFPC/DPPAO recommends denial.  They state that in accordance with AFI 36-2604, Service Dates and Dates of Rank, Date Initial Entry into Uniformed Services (DIEUS), enlisted service is the date of initial enlistment in any branch of the Armed Forces (Regular or Reserve; active or inactive).  This is a fixed date and is not adjusted for time lost or breaks in service.  It includes enlistment under Title 10, USC, 12103, enlistment in the active component DEP.  

Based on the governing directives and guidance, the applicant’s DIEUS was computed correctly.

A complete copy of the evaluation, with attachments, is at Exhibit C.

HQ AFPC/DPPRR reviewed the applicant’s request and states that in accordance with AFI 36-2604, “DIEUS…is a fixed date and is not adjusted for time lost or breaks in service.  It includes enlistment under Title 10, USC, 12103, enlistment in the active component DEP.”

Based on the governing directives and guidance, the applicant’s DIEUS is correct.  Although it appears that personnel from the military personnel flight responsible for administering the program miscounseled the applicant, he is not eligible for CSB based on his DIEUS date.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 May 03 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting a correction of the record.  In this respect, the applicant was notified by Air Force officials of his eligibility to elect a Career Status Bonus (CSB).  He elected to receive the CSB, with the understanding that he must remain on continuous active duty until he attains a minimum of 20 years of active service and that he will receive a reduced rate of retired pay when he retires.  Subsequent to receiving the CSB, he was notified that since his DIEMS/DIEUS date was before 1 Aug 86, he was never eligible for the program and that the money paid to him must be recouped.  Inasmuch as the applicant’s decision to elect the CSB was based on erroneous information provided by responsible Air Force officials, equity dictates that his DIEMS/DIEUS date be adjusted to make him eligible for the CSB.  Accordingly, we recommend that the records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a.  His enlistment in the Air Force Reserve, Delayed Entry/Enlistment Program (DEP), on 14 February 1986, is declared void and removed from his records.

	b.  His Date of Initial Entry to Military/Uniformed Service (DIEMS/DIEUS) is 9 September 1986.
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The following members of the Board considered AFBCMR Docket Number BC-2003-00691 in Executive Session on 16 July 2003, under the provisions of AFI 36-2603:

Panel Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAO, dated 4 Apr 03, w/atch.
     Exhibit D.  Letter, AFPC/DPPRR, dated 11 Apr 03, w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 2 May 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00691

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:

	The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

		a.  His enlistment in the Air Force Reserve, Delayed Entry/Enlistment Program (DEP), on 14 February 1986, be, and hereby is, declared void and removed from his records.

		b.  His Date of Initial Entry to Military/Uniformed Service (DIEMS/DIEUS) is 9 September 1986.

		
		Director
		Air Force Review Boards Agency