RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03358
            INDEX CODE:  112.07
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of initial entry into military service (DIEMS) be changed  from  31
December 1985 to 18 September 1986.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was misinformed by the Air Force  that  he  was  entitled  to  receive  a
career status bonus (CSB) under  the  REDUX  retirement  plan.   Six  months
after accepting $30,000 he was told that he had to repay the money  and  the
error was caused due to problems with the  military  personnel  data  system
(MILPDS).  This error by the  Air  Force  has  placed  him  in  a  financial
hardship situation.

In support of his request, applicant provided a personal statement,  a  copy
of DD Form 2789, Waiver/Remission of Indebtedness Application,  and  a  copy
of DD Form  4/1,  Enlistment/Reenlistment  Document,  Armed  Forces  of  the
United States.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve on  31  December  1985,  and
was discharged on 17 September 1986.  He then enlisted in  the  Regular  Air
Force on 18 September 1986.  Member currently  serves  in  the  Regular  Air
Force as a master sergeant  and  is  stationed  at  RAF  Mildenhall,  United
Kingdom.  In 2002, the applicant accepted the CSB and was later informed  he
was not eligible for the CSB based on his DIEUS and recoupment of the  bonus
would be initiated.  Applicant filed for waiver and remission  of  the  debt
on 19 September 2003, which was denied by the Secretary of the Air Force.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial.  AFI  36-2604,  Service  Dates  and  Dates  of
Rank, states date initial entry uniformed service (DIEUS)  is  the  enlisted
service from the date of initial enlistment  in  any  branch  of  the  Armed
Forces (Regular or Reserves; 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, U.S.C., 12103, enlistment in the  Active  Component  delayed
entry/enlistment  program  (DEP).   Based  on  governing   directives,   the
applicant’s DIEUS date was computed correctly.

The DPPAO evaluation, with attachments, is at Exhibit B.

AFPC/DPPRR recommends denial.  AFI  36-2604,  Service  Dates  and  Dates  of
Rank, Table 1, Rule 13, “DIEUS…is a fixed date and is not adjusted for  time
lost of breaks in service.  It includes enlistment under Title  10,  U.S.C.,
12103, enlistment in the active component delayed  entry/enlistment  program
(DEP).”

Based on  governing  directives  and  guidance,  the  applicant’s  DIEUS  is
computed correctly.  Although it  appears  that  personnel  responsible  for
administering the  program  miscounseled  the  member,  the  member  is  not
eligible for the CSB based on his DIEUS date.   However,  should  relief  be
granted, the member’s DIEUS date  should  be  adjusted  accordingly  so  the
member can retain CSB.  This adjustment should not change the  member’s  pay
date nor allow the member eligibility  for  CSB  consideration  at  a  later
date.

The DPPRR evaluation, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  24
Dec 03, for review and  comment  within  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.  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 August 1986, 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 31 December 1985, be, and hereby  is,  declared  void  and
removed from his records.

       b.  His  Date  of  Initial  Entry   to   Military/Uniformed   Service
(DIEMS/DIEUS) is 18 September 1986.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
03358 in Executive Session on 26 May 2004, 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 9 Sep 03, w/atchs.
     Exhibit B.  Letter, AFPC/DPPAO, dated 25 Nov 03, w/atch.
     Exhibit C.  Letter, AFPC/DPPRR, dated 12 Dec 03.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Dec 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2003-03358




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 31 December 1985, is declared  void
and removed from his records.

             b.  His  Date  of  Initial  Entry  to  Military/Uniformed
Service (DIEMS/DIEUS) is 18 September 1986.







                                        JOE G. LINEBERGER

                                        Director

                                        Air Force Review Boards Agency