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AF | BCMR | CY2005 | BC-2005-01125
Original file (BC-2005-01125.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01125
            INDEX CODE:  112.05
      XXXXXXXXXXXX     COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 SEP 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show a debt in the sum of $30,000 he received  as
a Career Status Bonus (CSB) be remitted.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was mistakenly informed that he was eligible to elect the  CSB.   He  did
not attempt to commit fraud or misrepresent  himself.   When  he  questioned
his eligibility for the CSB, he did not  receive  an  answer.   He  believes
recoupment of the CSB would cause his family financial hardship.

In support of his request applicant provided a personal statement,  DD  Form
2839,  Career  Status  Bonus  Election,  an  email   associated   with   his
application for the CSB,  a  copy  of  DD  Form  2789,  Waiver/Remission  of
Indebtedness Application, and background  information  associated  with  his
application for waiver/remission of indebtedness.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 19 April 1986, the applicant enlisted in the Reserve of  the  Air  Force,
Delayed Entry/Enlistment Program (DEP), for a period  of  four  years.   His
DIEMS date was established as 19 April 1986.  He  was  honorably  discharged
from the DEP on 17 November 1986, and he enlisted in the Regular  Air  Force
on 18 November 1986, for a period of four years.  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 September 2003.

On 14 November 2001,  applicant  was  informed  that  he  was  qualified  to
receive the CSB under the Redux retirement plan.  On  20 November  2001,  he
elected to receive the CSB and received a  lump  sum  payment.   On  28  Mar
2002, he received notification that 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,  on  18
March 2005, his request was denied by the Office of  the  Secretary  of  the
Air Force and informed his monthly collection  rate  would  be  $200.00  per
month.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRR  recommends  denial.   Although   it   appears   that   personnel
responsible for administering  the  program  miscounseled  the  member,  the
member is not eligible for the CSB based on  his  DIEMS  date  of  19  April
1986.

The DPPRR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29  Apr
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.  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  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  19  April  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 1 August 1986.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
01125 in Executive Session on 9 June 2005, under the provisions of  AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Michael J. Maglio, Member
                 Mr. Grover L. Dunn, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 31 Mar 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRR, dated 11 Apr 05.
     Exhibit E.  Letter, SAF/MRBR, dated 29 Apr 05.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR BC-2005-01125




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  19  April  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 1 August 1986.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency





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