RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03459
                                        INDEX CODE 112.05  128.14
                                        COUNSEL: No

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date  of  Initial  Entry  into  Military  Service/Uniform  Service
(DIEMS)/(DIEUS) be changed from 17 Apr 86 to 1 Aug 86 so he may retain
his Career Status Bonus (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was among several members erroneously paid a  CSB  of  $30,000.  He
submitted  a  waiver/remission  of  indebtedness  application  on  the
grounds that repaying the CSB would create a severe financial hardship
for his family, but his  request  was  denied  and  recoupment  action
began. He was not notified of the decision until he received his Leave
and Earnings Statement (LES).

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

_________________________________________________________________

STATEMENT OF FACTS:

The Fiscal Year 2000 National Defense Authorization Act  (FY00  NDAA),
Public  Law  106-65,   changed   the   military   retirement   system.
Specifically, the change places those persons who first become members
of a Uniformed Service on or after 1 Aug 86 (as  determined  by  their
DIEUS), under the High-3/50% retired plan unless they elect to receive
a $30,000 one-time lump-sum bonus on or about the 15th of the year  of
active duty service. To receive the CSB, a member agrees to remain  on
active duty through 20 years of active service and to have retired pay
computed under the provisions of the 1986 Military  Retirement  Reform
Act (MRRA), commonly known as  REDUX.  These  changes  were  effective
1 Oct 99. [Note: The DIEUS was formerly known as the DIEMS.]

A member’s eligibility for the CSB hinges on the date he first  became
a member; if the DIEMS/DIEUS is before 1 Aug 86,  the  member  is  not
eligible for the CSB; if the entry date is after 1 Aug 86, the  member
is eligible.

The applicant enlisted in the Air Force Reserves on  17  Apr  86,  was
discharged on 14 Oct 86, and enlisted in the Regular Air Force  on  15
Oct 86. On 25 Oct and 1 Nov 01, the Air Force informed  the  applicant
that he was qualified to receive  the  $30,000  CSB  under  the  REDUX
retirement plan. He accepted the  CSB  on  2  Nov  01  and,  after  he
received payment around mid-Dec 01, was informed on 1 Mar 02  that  he
did not qualify for the CSB. The applicant’s 1 Apr 02  request  for  a
remission of indebtedness was denied by the Air  Force  Review  Boards
Agency (SAF/MRB) on 13 Feb 03. The collection rate of the CSB would be
$250.00 per month.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAO cites AFI 36-2604, Service  Dates  and  Dates  of  Rank,
(DIEUS), which indicates this is a fixed date and is not adjusted  for
time lost or breaks in service. It includes enlistment under Title 10,
USC, Section 12103, and enlistment in  the  active  component  Delayed
Entry/Enlistment Program (DEP). Based  on  governing  directives,  the
applicant’s DIEMS date was correctly  computed;  therefore  denial  is
recommended.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 19 Dec 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 error or injustice warranting  a  correction  of  the
record. The applicant was notified  by  Air  Force  officials  of  his
eligibility to elect a CSB. He elected to receive  the  CSB  with  the
understanding he must  remain  on  continuous  active  duty  until  he
attained a minimum of 20 years of active service and would  receive  a
reduced rate of retired pay upon retirement. Subsequent  to  receiving
the CSB, he was notified that, since his DIEMS/DIEUS was before 1  Aug
86, he was never eligible for  the  program  and  the  money  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 his DIEMS/DIEUS be  adjusted  to  make  him
eligible for  the  CSB.  We  considered  his  request  to  change  his
DIEMS/DIEUS to 1 Aug 86. However, since his date of enlistment in  the
Regular Air Force is 15 Oct 86, we believe it would be appropriate  to
change his DIEMS/DIEUS date to match that date. Evidence has not  been
presented leading us to believe otherwise. 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 17 Apr  86  is  declared  void  and
removed from his records.

      b.  His Date of Initial Entry  into  Military/Uniformed  Service
(DIEMS/DIEUS) is 15 Oct 86.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 February 2004, under the provisions of AFI 36-
2603:

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

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2003-03459 was considered:

   Exhibit A.  DD Form 149, dated 1 Oct 03.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAO, dated 24 Nov 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



AFBCMR BC-2003-03459




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     , be corrected to show that:

      a.  His enlistment in the Air Force Reserve, Delayed
Entry/Enlistment Program (DEP), on 17 April 1986, be and hereby is
declared void and removed from his records.

      b.  His Date of Initial Entry into Military/Uniformed Service
(DIEMS/DIEUS) is 15 October 1986.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency