RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03222
            INDEX CODE:  112.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Date Initially Entered Military  Service  (DIEMS)  date  be  changed  to
reflect 17 Aug 86.

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APPLICANT CONTENDS THAT:

His application for a Career Status Bonus (CSB)  was  approved  through  the
base Military Personnel Flight (MPF) and he received the full amount of  the
CSB.  On 7 May 03 he was notified that because his DIEMS date was 8  Nov  85
and not 17 Sep 86 he received an erroneous  CSB  payment.   He  submitted  a
request for remission of the debt, but his request was denied.

In support of his request applicant provided documentation  associated  with
his application for the  CSB,  his  notification  of  indebtedness  and  his
remission  of  indebtedness  request.    His   complete   submission,   with
attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 8 Nov 85 and  was  discharged
on 16 Sep 86.  He enlisted in the Regular Air  Force  on  17  Sep  86.   His
DIEMS date was established as 8 Nov 85.  He is currently serving  on  active
duty  in  the  grade  of  technical  sergeant,  having  assumed  that  grade
effective and with a date of rank of 1 May 00.

On 29 Aug 01, applicant was informed that he qualified to  receive  the  CSB
bonus under  the  Redux  retirement  plan.   He  accepted  the  CSB  and  in
September 2001, he received a lump sum payment.  On 7 May  02,  he  received
notification that due to problems with the military  personnel  data  system
at the time of his election, he was not entitled to the CSB payment  because
his DIEMS date was prior to 1 Aug 86.  The applicant applied  for  remission
of his indebtedness; however, his request was denied by  the  Director,  Air
Force Review Boards Agency.

The FY00 National Defense Authorization  Act  (NDAA)  changed  the  military
retirement system.  Specifically, the change places those persons who  first
became members of a Uniformed Service on or after 1 Aug  86  (as  determined
by their Date Initially Entered Uniformed Services [DIEUS]), under the High-
3/50% retired pay plan unless, they elect  to  receive  a  $30,000  one-time
lump-sum bonus on or about  the  15th  year  of  active  duty  service.   To
receive the CSB, a member must agree to remain on  active  duty  through  20
years of active service and  have  their  retired  pay  computed  under  the
provisions of the 1986 Military Retirement Reform  Act,  commonly  known  as
REDUX.  These changes were effective  1  Oct  99.   Note:   DIEUS  date  was
formally known as the Date Initially Entered Military Service (DIEMS)  date.


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AIR FORCE EVALUATION:

AFPC/DPPAOR recommends  denial.   DPPAOR  states  that  his  Date  Initially
Entered  Uniformed  Service  (DIEUS)  date  was  correctly  established   in
accordance with AFI 36-2604.  The DIEUS is a fixed date and is not  adjusted
for time lost for breaks in service.  It  includes  enlistment  under  Title
10, U.S.C.  and  enlistment  in  the  delayed  entry  program.   The  DPPAOR
evaluation is at Exhibit C.

AFPC/DPPRR  recommends  denial.   DPPPR  states  that  his  DIEUS  date  was
correctly established in accordance with AFI 36-2604.  The DPPRR  evaluation
is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  21
Nov 03 for review and comment within 30 days.  As of this date, this  office
has received no response.

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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.  We considered his request to  change  his
DIEMS/DIEUS date 17 Aug 86.  However, since his date of  enlistment  in  the
Regular Air Force is 17 Sep 86 we believe that it would  be  appropriate  to
change his DIEMS/DIEUS date to match  that  date.   Evidence  has  not  been
presented would lead us to believe  otherwise.   Accordingly,  we  recommend
that the records be corrected as indicated below.

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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 8 November 1985, is declared void  and  removed  from  his
records.

       b.  His  Date  of  Initial  Entry   to   Military/Uniformed   Service
(DIEMS/DIEUS) is 17 September 1986.

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The following members of the Board considered AFBCMR Docket Number  BC-2003-
03222 in Executive Session on 18 Dec 03, 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 22 Sep 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAOR, dated 30 Oct 03, w/atch.
     Exhibit D.  Letter, AFPC/DPPRR, dated 13 Nov 03, w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

AFBCMR BC-2003-03222




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 8 November 1985,  is  declared  void  and
removed from his records.

            b.  His Date of  Initial  Entry  to  Military/Uniformed  Service
(DIEMS/DIEUS) is 17 September 1986.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency