RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03222
		INDEX CODE:  112.05
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date Initially Entered Military Service (DIEMS) date be changed to reflect 17 Aug 86.

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APPLICANT CONTENDS THAT:

His application for a Career Status Bonus (CSB) was approved through the base Military Personnel Flight (MPF) and he received the full amount of the CSB.  On 7 May 03 he was notified that because his DIEMS date was 8 Nov 85 and not 17 Sep 86 he received an erroneous CSB payment.  He submitted a request for remission of the debt, but his request was denied.  

In support of his request applicant provided documentation associated with his application for the CSB, his notification of indebtedness and his remission of indebtedness request.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 8 Nov 85 and was discharged on 16 Sep 86.  He enlisted in the Regular Air Force on 17 Sep 86.  His DIEMS date was established as 8 Nov 85.  He is currently serving on active duty in the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 May 00.

On 29 Aug 01, applicant was informed that he qualified to receive the CSB bonus under the Redux retirement plan.  He accepted the CSB and in September 2001, he received a lump sum payment.  On 7 May 02, he received notification that due to problems with the military personnel data system at the time of his election, he was not entitled to the CSB payment because his DIEMS date was prior to 1 Aug 86.  The applicant applied for remission of his indebtedness; however, his request was denied by the Director, Air Force Review Boards Agency.

The FY00 National Defense Authorization Act (NDAA) changed the military retirement system.  Specifically, the change places those persons who first became members of a Uniformed Service on or after 1 Aug 86 (as determined by their Date Initially Entered Uniformed Services [DIEUS]), under the High-3/50% retired pay plan unless, they elect to receive a $30,000 one-time lump-sum bonus on or about the 15th year of active duty service.  To receive the CSB, a member must agree to remain on active duty through 20 years of active service and have their retired pay computed under the provisions of the 1986 Military Retirement Reform Act, commonly known as REDUX.  These changes were effective 1 Oct 99.  Note:  DIEUS date was formally known as the Date Initially Entered Military Service (DIEMS) date.  

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AIR FORCE EVALUATION:

AFPC/DPPAOR recommends denial.  DPPAOR states that his Date Initially Entered Uniformed Service (DIEUS) date was correctly established in accordance with AFI 36-2604.  The DIEUS is a fixed date and is not adjusted for time lost for breaks in service.  It includes enlistment under Title 10, U.S.C. and enlistment in the delayed entry program.  The DPPAOR evaluation is at Exhibit C.

AFPC/DPPRR recommends denial.  DPPPR states that his DIEUS date was correctly established in accordance with AFI 36-2604.  The DPPRR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 Nov 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  We considered his request to change his DIEMS/DIEUS date 17 Aug 86.  However, since his date of enlistment in the Regular Air Force is 17 Sep 86 we believe that it would be appropriate to change his DIEMS/DIEUS date to match that date.  Evidence has not been presented would lead us to believe otherwise.  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 8 November 1985, is declared void and removed from his records.

	b.  His Date of Initial Entry to Military/Uniformed Service (DIEMS/DIEUS) is 17 September 1986.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03222 in Executive Session on 18 Dec 03, 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 22 Sep 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAOR, dated 30 Oct 03, w/atch.
     Exhibit D.  Letter, AFPC/DPPRR, dated 13 Nov 03, w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 03.

                                   

AFBCMR BC-2003-03222

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 8 November 1985, is declared void and removed from his records.

		b.  His Date of Initial Entry to Military/Uniformed Service (DIEMS/DIEUS) is 17 September 1986.