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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