RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02203


            COUNSEL:  NONE


            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Initial Entry Military  Service  (DIEMS)/Date  of  Initial
Entry Uniformed  Service  (DIEUS)  be  changed  from  21 July 1986  to
13 February 1987.
_________________________________________________________________

APPLICANT CONTENDS THAT:

During the month of June  1986,  he  was  misinformed  concerning  the
establishment of his (DIEMS/DIEUS) of 21 July 1986.  He was told  that
placing  his  initials  on  the  DD  Form  4  (Enlistment/Reenlistment
Document Armed Forces of the United States) served the sole purpose of
confirming a job reservation into the 702X0 career  field,  which  was
not available until April 1987.

His initials did not represent his consent for entry into the  Delayed
Entry/Enlistment Program (DEP), and he did not officially enlist  into
the military (under oath) until 13 February 1987, at which time he was
processed for entry and entered into basic military training.

He further states that his paydate in the Headquarters Air Force (HAF)
system is 13 February 1987, and if he had entered into  delayed  entry
or enlistment, his paydate would correspond with that date.

He says that if he had been given accurate  and  truthful  information
and advice on what he was signing, it’s quite possible that  he  would
have chosen other options at that time,  and  if  his  DIEMS/DIEUS  is
corrected, it would render him eligible for either the REDUX or High-3
retirement options.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Reserve of the Air  Force  on  21 July 1986,
for entry into the  Delayed  Entry/Enlistment  Program  (DEP),  for  a
period of eight years, with the understanding that he would be ordered
to active duty as a Reservist unless he reported for  enlistment  into
the Regular component of the Air Force by 13 February 1987.  Applicant
was  discharged  from  the  DEP  on  12 February  1987  for  immediate
enlistment into the Regular component of the Air Force on 13  February
1987, for a period of four years.

His total active federal military service date (TAFMSD) and paydate is
13 February 1987.  His  DIEMS/DIEUS  date  is  21 July 1986.   He  has
served on continuous active duty and entered his current enlistment on
22 February 2000.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAOR reviewed the applicant’s request and states  that  upon
entry to active  duty,  applicant’s  DIEUS  date  was  established  in
accordance with AFI 36-2604, Service Dates and Dates of Rank, Table 1,
Rule 13, giving the applicant a DIEUS of 21 July 1986, IAW his DD Form
4, dated 21 July 1986 (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a letter reiterating his original claim that he was
misinformed by the recruiter and, based upon  that  guidance,  he  was
under the impression that his initial entry into military service  and
entering basic military training took place on 13 February  1987.   He
states  that  he  was  specifically  and  verbally  informed  by   the
recruiters that the sole purpose of placing his  initials  on  the  DD
Form 4 was to obtain a job (AFSC) reservation and  did  not  represent
entry into the Air Force.

He has over 14 years of service and recently  began  to  consider  his
retirement options  in  July  2001.   It  is  his  understanding  that
eligibility for the (REDUX/High-3) is based upon the service  member’s
DIEUS, which is why he decided to check his dates in the system.

He feels that he has suffered an injustice by the  misinformation  and
misguidance from the recruiters, and asks the Board’s consideration in
correcting his DIEUS to 13 February 1987 (Exhibit E).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPRR reviewed the applicant’s request and recommended denial.
 They addressed the applicant’s  eligibility  for  the  Career  Status
Bonus (CSB).  Prior to 1 August 1986, there were only  two  retirement
plans: “final basic pay” for those who entered  prior  to  8 September
1980 and the “high-3” for those who entered  after  8 September  1980.
In 1986, the Military Retirement Reform Act (MRRA), commonly  referred
to as “REDUX,” was enacted for those who entered service after 31 July
1986.  The term “date entered service” means the date  the  person  is
enlisted, inducted or appointed…not TAFMSD.  This includes  cadets  at
service academies…, and persons in the Delayed Entry Program.

When those affected by  the  MRRA  challenged  Congress  that  it  was
reducing retirement benefits to 40% at 20 years,  unless  they  stayed
for 30 years, Congress realized that the program needed to be revised.
 Instead of repealing the law, in Oct 99, they created the CSB program
giving those affected by the MRRA a choice of retirement plans: 50% at
20 years or a bonus of $30,000 at the 15-year point and only 40% at 20
years (unless you complete 30 years, then you would receive 50%).

By signing the contract  prior  to  1  August  1986,  the  applicant’s
retirement pay plan was, is and always will be “High-3”…the  MRRA  did
not affect the applicant.  There was no miscounseling at the time  the
member signed his initial contract (Exhibit F).

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation  was  forwarded  to  the
applicant on 15 March 2002 for review and comment within 30 days.   As
of  this  date,  no  response  has  been  received  by   this   office
(Exhibit G).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  The DD Form 4 reflects that  the
applicant entered military service on 21 July 1986 and that  his  Date
Initial Entry Uniformed Service/Date Initial  Entry  Military  Service
was  established  in  accordance  with   the   governing   directives.
Therefore, we agree with the opinions and recommendations of  the  Air
Force offices of primary  responsibilities  and  adopt  the  rationale
expressed as the basis for our decision that the applicant has  failed
to sustain his burden of having suffered either an error or injustice.
 There being  insufficient  evidence  to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application  AFBCMR
Docket Number 01-02203 in Executive Session on 29 May 2002, under  the
provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAO, dated 1 Nov 01, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 01, w/atchs.
    Exhibit E.  Letter, Applicant’s Response, dated 15 Nov 01.
    Exhibit F.  Letter, HQ AFPC/DPPRR, dated 15 Mar 02.
    Exhibit G.  Letter, SAF/MRBR, dated 15 Mar 02, w/atch.




                                   PHILIP SHEUERMAN
                                   Panel Chair