RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01663
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Date of Initial Entry Military Service (DIEMS) be changed  from
16 Jul 86 to 3 Mar 87.

___________________________________________________________________

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.
From the time he first heard about the CSB until he  submitted  his
paperwork to the Defense Finance  and  Accounting  Service  (DFAS),
there was never any indication that he was  not  eligible  for  the
CSB.  His correct DIEMS of 16 Jul 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 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;
a copy of the Military Personnel Flight’s Memorandum (MPFM),  dated
10 Apr 01;  a  copy  of  his  Notification  of  CSB  letter,  dated
17 Dec 01; a copy of his DD Form 2389, Career  Status  Bonus  (CSB)
Election, dated 18 Dec 01, and a copy of his denial  of  remissions
email, dated 31 Mar 03.

A complete copy of his submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 16 Jul 86, the applicant enlisted in  the  Reserve  of  the  Air
Force, Delayed Entry/Enlistment Program  (DEP),  for  a  period  of
eight years.  His DIEMS date was established as 16 Jul 86.  He  was
honorably discharged from the DEP on 2 Mar 87, and enlisted in  the
Regular Air Force on 3 Mar 87, for a period of four years.  He  has
served on continuous active duty, and is currently serving  in  the
grade of technical sergeant.

On 17 Dec 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.   He  was  later
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.

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 Military Services (DIEMS), 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
DIEMS 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 the 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 27 Jun 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 16 Jul 86, be,  and  hereby  is,
declared void and removed from his records.

      b.  His Date of Initial Entry to  Military/Uniformed  Service
(DIEMS/DIEUS) is 3 Mar 87.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-01663 in Executive Session on 18 December 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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAO, dated 12 Jun 03, w/atch.
    Exhibit D.  Letter, HQ AFPC/DPPRR, dated 18 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 27 Jun 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair




AFBCMR BC-2003-01663




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 16 Jul 86, be,  and  hereby  is,
declared void and removed from his records.

      b.  His Date of Initial Entry to  Military/Uniformed  Service
(DIEMS/DIEUS) is 3 Mar 87.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency