RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-03459
							INDEX CODE 112.05  128.14
	 						COUNSEL: No 

							HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Initial Entry into Military Service/Uniform Service (DIEMS)/(DIEUS) be changed from 17 Apr 86 to 1 Aug 86 so he may retain his Career Status Bonus (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was among several members erroneously paid a CSB of $30,000. He submitted a waiver/remission of indebtedness application on the grounds that repaying the CSB would create a severe financial hardship for his family, but his request was denied and recoupment action began. He was not notified of the decision until he received his Leave and Earnings Statement (LES).

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The Fiscal Year 2000 National Defense Authorization Act (FY00 NDAA), Public Law 106-65, changed the military retirement system. Specifically, the change places those persons who first become members of a Uniformed Service on or after 1 Aug 86 (as determined by their DIEUS), under the High-3/50% retired plan unless they elect to receive a $30,000 one-time lump-sum bonus on or about the 15th of the year of active duty service. To receive the CSB, a member agrees to remain on active duty through 20 years of active service and to have retired pay computed under the provisions of the 1986 Military Retirement Reform Act (MRRA), commonly known as REDUX. These changes were effective 1 Oct 99. [Note: The DIEUS was formerly known as the DIEMS.]

A member’s eligibility for the CSB hinges on the date he first became a member; if the DIEMS/DIEUS is before 1 Aug 86, the member is not eligible for the CSB; if the entry date is after 1 Aug 86, the member is eligible.

The applicant enlisted in the Air Force Reserves on 17 Apr 86, was discharged on 14 Oct 86, and enlisted in the Regular Air Force on 15 Oct 86. On 25 Oct and 1 Nov 01, the Air Force informed the applicant that he was qualified to receive the $30,000 CSB under the REDUX retirement plan. He accepted the CSB on 2 Nov 01 and, after he received payment around mid-Dec 01, was informed on 1 Mar 02 that he did not qualify for the CSB. The applicant’s 1 Apr 02 request for a remission of indebtedness was denied by the Air Force Review Boards Agency (SAF/MRB) on 13 Feb 03. The collection rate of the CSB would be $250.00 per month. 

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO cites AFI 36-2604, Service Dates and Dates of Rank, (DIEUS), which indicates this is a fixed date and is not adjusted for time lost or breaks in service. It includes enlistment under Title 10, USC, Section 12103, and enlistment in the active component Delayed Entry/Enlistment Program (DEP). Based on governing directives, the applicant’s DIEMS date was correctly computed; therefore denial is recommended.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 19 Dec 03 for review and comment within 30 days.  As of this date, this office has received no response. 

_________________________________________________________________

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 error or injustice warranting a correction of the record. The applicant was notified by Air Force officials of his eligibility to elect a CSB. He elected to receive the CSB with the understanding he must remain on continuous active duty until he attained a minimum of 20 years of active service and would receive a reduced rate of retired pay upon retirement. Subsequent to receiving the CSB, he was notified that, since his DIEMS/DIEUS was before 1 Aug 86, he was never eligible for the program and the money 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 his DIEMS/DIEUS be adjusted to make him eligible for the CSB. We considered his request to change his DIEMS/DIEUS to 1 Aug 86. However, since his date of enlistment in the Regular Air Force is 15 Oct 86, we believe it would be appropriate to change his DIEMS/DIEUS date to match that date. Evidence has not been presented leading us to believe otherwise. Accordingly, we recommend that the records be corrected as indicated below.

_________________________________________________________________

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 17 Apr 86 is declared void and removed from his records.

	b.  His Date of Initial Entry into Military/Uniformed Service (DIEMS/DIEUS) is 15 Oct 86.
_________________________________________________________________

The following members of the Board considered this application in Executive Session on 17 February 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence relating to AFBCMR Docket Number BC-2003-03459 was considered:

   Exhibit A.  DD Form 149, dated 1 Oct 03.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 24 Nov 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.

                                   

AFBCMR BC-2003-03459

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     , be corrected to show that:

	a.  His enlistment in the Air Force Reserve, Delayed Entry/Enlistment Program (DEP), on 17 April 1986, be and hereby is declared void and removed from his records.

	b.  His Date of Initial Entry into Military/Uniformed Service (DIEMS/DIEUS) is 15 October 1986.