RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00691
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Initial Entry Military Service (DIEMS) be changed  from
14 Feb 86 to 9 Sep 86.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was advised by the Air Force, that he was  entitled  to  receive
the Career Status Bonus (CSB) under the new REDUX retirement  plan.
He accepted the CSB and six months later the Air Force advised  him
that, “due to a problem with the  Military  Personnel  Data  System
(MILPDS) at the time of his election, the  error  was  not  noticed
until after he had received the payment.”  This  error  has  placed
him in a financial hardship  situation,  through  the  prospect  of
having to repay the full $30,000 CSB to include the withheld  taxed
portion of $8,400, which he never actually received and will not be
able to recoup without incurring IRS interest penalties.

In support of  his  appeal,  applicant  submitted  a  chronological
accounting of events associated with his election,  selection,  and
repayment of the CSB.

A complete copy of his submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 14 Feb 86, the applicant enlisted in  the  Reserve  of  the  Air
Force, Delayed Entry/Enlistment Program,  for  a  period  of  eight
years.  His DIEMS date was  established  as  14  Feb  86.   He  was
honorably discharged from the DEP on 8 Sep 86, and he  enlisted  in
the Regular Air Force on 9 Sep 86, for a period of four years.   He
has served on continuous active duty, and is currently  serving  in
the grade of master sergeant.

On 19 Sep 01, applicant was advised of his eligibility to elect the
Career Status Bonus (CSB).   On  that  same  date,  he  elected  to
receive the CSB payment, a  one-time  lump-sum  payment,  upon  his
attainment of 15 years of active duty service.  On 7 May 02, he was
advised that the CSB payment was made in error due to the fact that
his DIEMS date was prior to 1 Aug 86, which rendered him ineligible
for the program.  This error was a  result  of  problems  with  the
Military  Personnel  Data  System  (MILPDS)  at  the  time  of  his
election, and was not noticed  until  after  he  had  received  his
payment.

The FY00 National Defense Authorization Act (NDAA), Sections 641 to
644, Public Law 106-65, 5 Oct 99, provides that those  persons  who
first became members of a Uniformed Service on  or  after  1 Aug 86
(as  determined  by  their  Date  of  Initial  Entry  to   Military
Service/Date of Initial Entry to Uniformed Service  (DIEMS/DIEUS)),
are under the High-3/50% retired pay  plan  unless  they  elect  to
receive a $30,000 one-time lump-sum Career Status Bonus (CSB) on or
about their 15th year of active duty service.  To elect the  bonus,
members must agree to remain on continuous active duty  through  20
years of active service and agree to a reduced retirement plan.

Applicant applied for a remission of the indebtedness; however, his
request was denied by the Director, Air Force Review Boards Agency.
 He was advised of his right to file an appeal  through  the  Board
for Correction of Military Records (BCMR).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO recommends denial.  They  state  that  in  accordance
with AFI 36-2604, Service Dates and Dates  of  Rank,  Date  Initial
Entry into Uniformed Services (DIEUS), enlisted service is the date
of initial enlistment in any branch of the Armed Forces (Regular or
Reserve; active or inactive).  This is a  fixed  date  and  is  not
adjusted  for  time  lost  or  breaks  in  service.   It   includes
enlistment under Title 10, USC, 12103,  enlistment  in  the  active
component DEP.

Based on the governing directives  and  guidance,  the  applicant’s
DIEUS was computed correctly.

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

HQ AFPC/DPPRR reviewed the applicant’s request and states  that  in
accordance with AFI 36-2604, “DIEUS…is a  fixed  date  and  is  not
adjusted  for  time  lost  or  breaks  in  service.   It   includes
enlistment under Title 10, USC, 12103,  enlistment  in  the  active
component DEP.”

Based on the governing directives  and  guidance,  the  applicant’s
DIEUS is correct.  Although it  appears  that  personnel  from  the
military personnel flight responsible for administering the program
miscounseled the applicant, he is not eligible for CSB based on his
DIEUS date.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 2 May 03 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

___________________________________________________________________

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

      b.  His Date of Initial Entry to  Military/Uniformed  Service
(DIEMS/DIEUS) is 9 September 1986.
___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-00691 in Executive Session  on  16  July  2003,  under  the
provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. John B. Hennessey, Member
                 Ms. Barbara J. White-Olson, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Feb 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAO, dated 4 Apr 03, w/atch.
     Exhibit D.  Letter, AFPC/DPPRR, dated 11 Apr 03, w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 2 May 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



AFBCMR BC-2003-00691




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 14 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 9 September 1986.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency