RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00319
            INDEX CODE:  112.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Date Initially Entered  Military  Service  (DIEMS)  be  changed  from  7
February 1986 to 11 September 1986.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His unit mistakenly informed him that he was eligible to  elect  the  Career
Status Bonus (CSB) if desired.  On  7  May  2002,  more  than  seven  months
later, he was  notified  by  the  military  personnel  flight  MPF  that  he
received an erroneous CSB payment and that the money would be recouped.   He
submitted a request for remission of the debt, but his request  was  denied.


In support of his request applicant provided a personal statement,  DD  Form
2839, Career Status Bonus (CSB)  Election,  an  email  associated  with  his
application for the CSB, Erroneous Career Status Bonus  Payment  Letters,  a
copy of DD Form 2789, Waiver/Remission of Indebtedness  Application,  and  a
copy of his SURF with his Personal Information.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on  7  February  1986,  and  was
discharged on 10 September 1986.  He enlisted in the Regular  Air  Force  on
11 September 1986.  His DIEMS date was established as 7 February  1986.   He
is currently serving on active duty in the grade of master sergeant,  having
assumed that grade effective and with a date of rank of 1 May 2001.

On 22 May 20001, applicant was informed that he  qualified  to  receive  the
CSB bonus under the Redux retirement plan.  On 30 May 2001,  he  elected  to
receive the CSB and on 1 October 2001, he received a lump sum  payment.   On
7 May 2002, 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  August  1986.   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  August  1986  (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 October 1999.  Note:   DIEUS
date was formally known as  the  Date  Initially  Entered  Military  Service
(DIEMS) date.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAO recommends denial.  DPPAO states that his Date Initially  Entered
Uniformed Service (DIEUS) date was computed correctly.

The DPPAO evaluation, with attachments is at Exhibit C.

AFPC/DPPRR  recommends  denial.   DPPPR  states  that  his  DIEUS  date  was
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.

The DPPRR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  2
Apr 04 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 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 7 February 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 11 September 1986.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
00319 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 1 Jan 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAO, dated 9 Feb 04, w/atch.
     Exhibit D.  Letter, AFPC/DPPRR, dated 23 Mar 04.
     Exhibit E.  Letter, SAF/MRBR, dated 2 Apr 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


AFBCMR BC-2004-00319




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 7 February 1986,  is  declared  void  and
removed from his records.

            b.  His Date of  Initial  Entry  to  Military/Uniformed  Service
(DIEMS/DIEUS) is 11 September 1986.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency