RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01673
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Date Initial Entry Uniformed Service (DIEUS) be changed from 13
May 1986 to 17 October 1986.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letters prepared by
the appropriate offices of the Air Force (Exhibits C & D).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAO recommended denial. They indicated that the contract that
the applicant references is not an enlistment contract, but is an
enlistment agreement. The applicant signed a DD Form 4
(Enlistment/Reenlistment Document) on 13 May 1986, which is the source
document used in establishing the DIEUS.
Upon entry to active duty the DIEUS date was established as 13 May
1986 in accordance with AFI 36-2604, Service Dates and Dates of Rank,
1 July 1999, Table 1, Rule 13 and the applicant’s DD Form 4, 13 May
1986. Based on governing directives, the applicant’s DIEUS was
established correctly. If the decision is to grant the relief sought,
the records should be corrected to reflect a DIEUS of 17 October 1986.
The evaluation, with attachments, is at Exhibit C.
AFPC/DPPRR recommended denial. They indicated that prior to 1 August
1986, there were only two retirement plans on the books: “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,
students enrolled in a reserve component as part of the Services'
senior ROTC programs or ROTC financial assistance programs, students
in the Uniformed Services University of the Health Sciences,
participants in the Armed Forces Health Professions Scholarship
program, officer candidates in Officer Training School, and persons in
the Delayed Entry Program.
When those affected by the MRRA challenged Congress that it was
reducing retirement benefits to 40% @ 20 years, unless you stayed for
30 years (which is impossible to do on active duty without promotion),
Congress realized that the program needed to be revised. Instead of
repealing the law, in October 1999, they created the CSB program
giving those affected by the MRRA a choice of retirement plans: 50% @
20 years OR a bonus of $30K at the 15-year point and only 40% @ 20
years (unless you complete 30 years, then you’ll receive 50%).
By signing a contract prior to 1 August 1986, the member’s retirement
pay plan was, is and always will be “High-3”…the MRRA didn’t affect
the member. The applicant’s DIEMS date is correct as 13 May 1986.
The evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 June 2002, copies of the evaluations were forwarded to the
applicant for review and response within thirty (30) days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of 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 an error or an 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 AFBCMR Docket Number 02-
00004 in Executive Session on 24 July 2002, under the provisions of
AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. John E. B. Smith, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 May 2002.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAO, dated 3 June 2002, w/atchs.
Exhibit D. Letter, AFPC/DPPRR, dated 4 June 2002.
Exhibit E. Letter, SAF/MRBR, dated 14 June 2002.
ROSCOE HINTON, JR.
Panel Chair
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