RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01185
		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 23 Jun 86 to 1 Aug 86.

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APPLICANT CONTENDS THAT:

His correct DIEMS of 23 Jun 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; notification from his military personnel flight commander, dated 22 Mar 02; a copy of his Indebtedness Notification letter of the erroneous CSB payment, dated 4 Apr 02; a copy of his DD Form 2389, Career Status Bonus (CSB) Election, dated 21 Aug 01; excerpts from his enlistment contract and a copy of his Leave and Earnings Statement (LES) Online Printout for the period 1-31 Mar 02.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 23 Jun 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 23 Jun 86.  He was honorably discharged from the DEP on 11 Dec 86, and he enlisted in the Regular Air Force on 12 Dec 86, for a period of six years.  He has served on continuous active duty, and is currently serving in the grade of technical sergeant.

On 21 Aug 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 22 Mar 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.  On 4 Apr 02, he was notified of the indebtedness for the CSB.

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 of Initial Entry into Uniformed Services (DIEUS) was established in accordance with AFI 36-2604, Service Dates and Dates of Rank, Table 1, Rule 13, giving the applicant a DIEUS of 23 Jun 86.

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, on 23 June 1986, be, declared void and removed from his records.

	b.  His Date of Initial Entry to Military/Uniformed Service (DIEMS/DIEUS) of 12 December 1986.

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The following members of the Board considered AFBCMR Docket Number BC-2003-01185 in Executive Session on 16 July 2003, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 2 Apr 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPAO, dated 8 May 03, w/atch.
     Exhibit D.  Letter, HQ AFPC/DPPRR, dated 15 May 03.
     Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.

                                   

AFBCMR BC-2003-01185

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 APPLICANTbe corrected to show that:

		a.  His enlistment in the Air Force Reserve, Delayed Entry/Enlistment Program (DEP), on 23 June 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 12 December 1986.