RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00319
		INDEX CODE:  112.05
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date Initially Entered Military Service (DIEMS) be changed from 7 February 1986 to 11 September 1986.

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APPLICANT CONTENDS THAT:

His unit mistakenly informed him that he was eligible to elect the Career Status Bonus (CSB) if desired.  On 7 May 2002, more than seven months later, he was notified by the military personnel flight MPF that he received an erroneous CSB payment and that the money would be recouped.  He submitted a request for remission of the debt, but his request was denied.  

In support of his request applicant provided a personal statement, DD Form 2839, Career Status Bonus (CSB) Election, an email associated with his application for the CSB, Erroneous Career Status Bonus Payment Letters, a copy of DD Form 2789, Waiver/Remission of Indebtedness Application, and a copy of his SURF with his Personal Information.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 7 February 1986, and was discharged on 10 September 1986.  He enlisted in the Regular Air Force on 11 September 1986.  His DIEMS date was established as 7 February 1986.  He is currently serving on active duty in the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 May 2001.

On 22 May 20001, applicant was informed that he qualified to receive the CSB bonus under the Redux retirement plan.  On 30 May 2001, he elected to receive the CSB and on 1 October 2001, he received a lump sum payment.  On 7 May 2002, 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 August 1986.  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 August 1986 (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 October 1999.  Note:  DIEUS date was formally known as the Date Initially Entered Military Service (DIEMS) date.  

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AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial.  DPPAO states that his Date Initially Entered Uniformed Service (DIEUS) date was computed correctly.  

The DPPAO evaluation, with attachments is at Exhibit C.

AFPC/DPPRR recommends denial.  DPPPR states that his DIEUS date was computed correctly.  Although it appears that personnel responsible for administering the program miscounseled the member, the member is not eligible for the CSB based on his DIEUS date.

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 2 Apr 04 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 August 1986, 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 7 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 11 September 1986.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00319 in Executive Session on 26 May 2004, 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 1 Jan 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAO, dated 9 Feb 04, w/atch.
     Exhibit D.  Letter, AFPC/DPPRR, dated 23 Mar 04.
     Exhibit E.  Letter, SAF/MRBR, dated 2 Apr 04.

                                   Panel Chair

AFBCMR BC-2004-00319

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 7 February 1986, is declared void and removed from his records.

		b. His Date of Initial Entry to Military/Uniformed Service (DIEMS/DIEUS) is 11 September 1986.

							Director
							Air Force Review Boards Agency