RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01068
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Date Initial Entry Military Service (DIEMS) be changed from 27 May 86 to 1 Aug 86.

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APPLICANT CONTENDS THAT:

His correct DIEMS of 27 May 86 had never been disclosed to him until after he elected to receive and was paid the $30,000 Career Status Bonus (CSB).  When the correct DIEMS was disclosed to him, it rendered him ineligible for the prior CSB payment, and a $30,000 debt was established.  Repayment of this debt will cause undue financial hardship.

In support of his appeal, applicant submitted a personal statement, dated 25 Mar 03.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 27 May 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 27 May 86.  He was honorably discharged from the DEP on 23 Nov 86, and he enlisted in the Regular Air Force on 24 Nov 86, for a period of four years.  He has served on continuous active duty, and is currently serving in the grade of technical sergeant.

Based on the applicant’s statement, in Nov 01, he was advised that he could elect the Career Status Bonus (CSB).  He elected to receive the CSB and was paid the bonus in Dec 01.  In Apr 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.  Applicant’s Date Initial Entry Uniformed Services (DIEUS) was established in accordance with AFI 36-2604, Service Dates and Dates of Rank, Table 1, Rule 13, giving him a DIEUS of 27 May 86.

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 30 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 27 May 1986, be declared void and removed from his records.

	b.  His Date of Initial Entry to Military/Uniformed Service (DIEMS/DIEUS) is 24 November 1986.
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The following members of the Board considered AFBCMR Docket Number BC-2003-01068 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 25 Mar 03, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPAO, dated 6 May 03, w/atch.
     Exhibit D.  Letter, HQ AFPC/DPPRR, dated 20 May 03.
     Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-01068

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 27 May 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 24 November 1986.

		
		Director
		Air Force Review Boards Agency