RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01113
                                        INDEX CODE:   112.05
                                        COUNSEL: No

                                        HEARING DESIRED: Yes

MANDATORY COMPLETION DATE: 6 OCT 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  reflect  a  Date  of   Initial   Entry   into   Military
Service/Uniform Service (DIEMS/DIEUS)  and  a  Total  Active  Military
Service Date (TAFMSD) of 4 Dec 86, rather than 21 Apr 86, so  he  will
be eligible for a Career Status Bonus (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Around Sep 01, he was counseled  at  MacDill  AFB  Military  Personnel
Flight (MPF) that he was ineligible for the CSB.  He entered  the  Air
Force on 4 Dec 86, after the Aug 86  cutoff  date.   He  has  inquired
about his eligibility every year and been given the same  information.
His Leave and Earning Statement (LES) shows his DIEMS as 21 Apr 86 and
his pay date as 4 Dec 86; he did not graduate from high  school  until
Jun 86.

His 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
Date  of  Initial  Entry   into   Military   Service/Uniform   Service
(DIEMS/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 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.

According to Title 10, USC, Section 1411, the  DIEUS  is  the  initial
date of acceptance of a commission or enlistment  in  any  Reserve  or
Regular component of any US Armed Force.  AFI 36-2604,  Service  Dates
and Dates of Rank, states DIEUS is a fixed date and  is  not  adjusted
for time lost or breaks in service.  This  includes  enlistment  as  a
Reserve in the Senior Reserve Officer Training Corps  (ROTC)  program,
or as a cadet or midshipman at a service academy, or enlistment in the
active component Delayed Entry/Enlistment Program (DEP).

According to DD Form 4, Enlistment/Reenlistment  Document,  on  21 Apr
86, the applicant enlisted for a period of  eight  years  in  the  Air
Force Reserve through the DEP, with a report date  of  4 Dec  86,  for
enlistment in the Regular component of the Air Force.

On 4 Dec 86, the applicant enlisted in the Regular  Air  Force  for  a
period of four years.  His TAFMSD is reflected as 4 Dec 86.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPAOR  confirmed  that,  based  on  their  review   of   the
applicant’s records, his DIEMS date is 21 Apr 86.

A complete copy of the evaluation is at Exhibit B.

HQ AFPC/DPPRR advises the applicant’s DIEUS was established as  21 Apr
86 based on the date he entered the DEP, not the date  he  entered  on
active duty (4 Dec 86).  The member’s TAFMSD has  no  bearing  on  his
eligibility for the CSB.  His TAFMSD does not require any  adjustments
as it correctly shows 4 Dec 86.  Based on the governing directives and
guidance, the applicant’s DIEUS is correct and, as it is before  1 Aug
86, he is ineligible for the CSB.  It would be  inherently  unfair  to
change his DIEUS, which is correctly based on his DEP date  of  21 Apr
86, to the date he entered active duty and allow him  eligibility  for
the CSB when others in the same situation cannot be granted  the  same
relief. [Note:   In  the  advisory’s  recommendation,  the  last  line
advises that, should the Board grant  relief,  the  applicant’s  DIEUS
should  be  “adjusted  accordingly  so  [he]  can  retain  the   CSB.”
However, in an e-mail dated 14 Jul 05, HQ AFPC/DPPRR confirmed to  the
AFBCMR Staff that “retain” is erroneous; the applicant never  received
the CSB.]

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 17 Jun 05 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.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded his TAFMSD or DIEUS should be changed so he may qualify  for
the CSB.  His contentions are duly noted;  however,  we  do  not  find
these assertions, in and by  themselves,  sufficiently  persuasive  to
override the evidence of record and the rationale provided by the  Air
Force.  The applicant’s 21 Apr 86 DIEUS was based on when  he  entered
the DEP, and his 4 Dec 86 TAFMSD was based on when he  entered  active
duty.  His DIEUS was determined in accordance with the same  governing
directives  that  were  applied  to  others  similarly  situated.   We
therefore agree with the recommendations of the Air  Force  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has not sustained his burden of having  suffered  either  an
error or an injustice.  In view of the  above  and  absent  persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 4 August 2005 under the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Terry L. Scott, Member
                 Mr. James W. Russell III, Member

The following documentary evidence relating to AFBCMR Docket  No.  BC-
2005-01113 was considered:

   Exhibit A.  DD Form 149, dated 27 Mar 05, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPAOR, dated 1 Jun 05.
   Exhibit C.  Letter, HQ AFPC/DPPRR, dated 9 Jun 05.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair