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ARMY | BCMR | CY2003 | 2003084402C070212
Original file (2003084402C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 November 2003
         DOCKET NUMBER: AR2003084402


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Ms. Lana E. McGlynn Member
Ms. Yolanda Maldonado Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests that his Date Initially Entered Military Service (DIEMS) be corrected from December 1981 to November 1986.

2. The applicant states that he was given the DIEMS bonus because people in his finance and accounting office thought that a Basic Active Service Date (BASD) and a DIEMS were one in the same. Because of this error, he was erroneously found to be eligible for the DIEMS bonus and was paid $30,000.00. However, the error was quickly identified and action was initiated to recoup the full $30,000.00 from him. This was particularly unfair because he is also required to repay that portion of the bonus which he didn’t receive because of the taxes which were withheld from the bonus. Because of this, he is now required to repay the debt at a rate of $545.00 a month.

3. The applicant provides documents from his chain of command supporting his request for debt remission or cancellation, and documents showing that he incurred a significant debt to the Government through no fault of his own.

CONSIDERATION OF EVIDENCE:

1. The applicant’s military records show that he enlisted in the U. S. Army Reserve Delayed Entry Program on 31 July 1987, and into the Regular Army on 6 August 1987. At that time, his DD Form 1966/1, Record of Military
Processing – Armed Forces of the United States, shows that he had a Pay Entry Basic Date (PEBD) of 15 February 1982, and a Date of Grade of 23 October 1983.

2. On 2 April 2001 the applicant reenlisted for an indefinite term in pay
grade E-6.

3. In accordance with the Department of the Army G-1 Retirement Services Homepage, A DIEMS is the earliest date of enlistment, induction, or appointment in a regular or reserve component of a uniformed service as a commissioned officer, warrant officer, or enlisted member.

4. Public Law 106-65 moved soldiers with DIEMS dates on or after 1 August 1986 to the REDUX formula from the High-3 formula. Soldiers under the REDUX formula who are eligible for retention to 20 years can elect to use REDUX and receive a $30,000.00 bonus in their 15th year.  If they accept the $30,000.00 bonus, they must agree to serve a total of 20 years of active duty and to accept retired pay with a 40 percent multiplier, instead of the 50 percent multiplier they would have otherwise received.

5. In the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff, G-1. In that opinion, the G-1 stated that the applicant’s DIEMS is 18 December 1981. The G-1 stated that since the applicant was given the REDUX through administrative error and through no fault of his own, administrative relief is recommended. The applicant was furnished a copy of this advisory opinion and concurred with the G-1’s recommendation.

DISCUSSION AND CONCLUSIONS :

1. While it is unfortunate that the applicant was erroneously given the REDUX bonus, he was not entitled to participate in that bonus program because of the date he initially entered the military in his status as a reservist.

2. Since a DIEMS is the date a soldier initially entered the military, it cannot be changed unless its in error. To change this date is to change properly constituted military records.  In addition, the change of a soldier’s DIEMS would certainly have a ripple effect on other dates which affect a soldier’s pay and promotion eligibility. In some cases this would affect a soldier’s pay and promotions retroactive to the DIEMS itself.

3. Although this error was certainly not of the applicant’s making, there is insufficient basis to correct this error

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

___ ym __ ___ lem ___ ___ rvo _____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  _________Raymond V. O;Connor________
                  CHAIRPERSON


INDEX

CASE ID AR2002084402
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031125
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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