RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01185
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Initial Entry Military Service (DIEMS) be changed  from
23 Jun 86 to 1 Aug 86.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His correct DIEMS of 23 Jun 86 had  never  been  disclosed  to  him
until after he elected to receive and was paid the  $30,000  Career
Status Bonus (CSB).  When the correct DIEMS was disclosed  to  him,
it rendered him ineligible for the prior CSB payment, and a $30,000
debt was established.  Repayment of  this  debt  will  cause  undue
financial hardship.

In support of his appeal, applicant submitted a personal statement;
notification from his military personnel  flight  commander,  dated
22 Mar 02; a copy of his Indebtedness Notification  letter  of  the
erroneous CSB payment, dated 4 Apr 02; a copy of his DD Form  2389,
Career Status Bonus (CSB) Election, dated 21 Aug 01; excerpts  from
his enlistment contract and  a  copy  of  his  Leave  and  Earnings
Statement (LES) Online Printout for the period 1-31 Mar 02.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 23 Jun 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  23  Jun  86.   He  was
honorably discharged from the DEP on 11 Dec 86, and he enlisted  in
the Regular Air Force on 12 Dec 86, for a period of six years.   He
has served on continuous active duty, and is currently  serving  in
the grade of technical sergeant.

On 21 Aug 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 22  Mar  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.  On 4 Apr 02, he was notified of the indebtedness for  the
CSB.

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.  Applicant’s Date of Initial Entry
into Uniformed Services (DIEUS) was established in accordance  with
AFI 36-2604, Service Dates and Dates of Rank,  Table  1,  Rule  13,
giving the applicant a DIEUS of 23 Jun 86.

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 30 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, on 23 June 1986, be,  declared  void  and
removed from his records.

      b.  His Date of Initial Entry to  Military/Uniformed  Service
(DIEMS/DIEUS) of 12 December 1986.

___________________________________________________________________





The following members of the Board considered AFBCMR Docket  Number
BC-2003-01185 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 2 Apr 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPAO, dated 8 May 03, w/atch.
     Exhibit D.  Letter, HQ AFPC/DPPRR, dated 15 May 03.
     Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



AFBCMR BC-2003-01185




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 APPLICANTbe corrected to show that:

            a.  His enlistment in the Air Force Reserve, Delayed
Entry/Enlistment Program (DEP), on 23 June 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 12 December 1986.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency