| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Ms. Gail J. Wire | Member | ||
| Mr. Antonio Uribe | Member |
2. The applicant requests, in effect, that her Date of Initial Entry to Military Service (DIEMS) be adjusted to 1 August 1986 or later.
3. The applicant states, in effect, that the date used as her DIEMS is in error. She states that upon her initial visit to the finance office in Korea, she was told that her DIEMS was the same date she entered active duty, which was 9 October 1986. As a result, the applicant believes she should retain the Career Status Bonus (CSB) she received for agreeing to being placed in a reduced retirement plan (REDUX).
4. The applicant’s military records show that she enlisted in the delayed entry program (DEP) on 2 July 1986, and that she entered Regular Army (RA) on
9 October 1986. She has continuously served on active duty since she entered the RA and has attained the rank and pay grade of staff sergeant/E-6.
5. After being offered the opportunity by the Army, the applicant elected to receive a CSB in return for participating in the REDUX program. The Chief, Compensation and Entitlements Division, Deputy Chief of Staff, G-1 determined that a small group of service members were erroneously paid a CSB for which they were not eligible, which thereby created a debt to the United States Government. The memorandum indicated that those soldiers who erroneously received the CSB did not initially enter military service on or after 1 August 1986; therefore under the law, they are not eligible to elect for the bonus or for participation in the REDUX that accompanied the CSB.
6. The G-1 gave the effected soldiers the following options: appeal the validity of the debt; request remission and cancellation of the debt; request waiver of the debt; and/or apply to the Army Board for Correction of Military Records. The applicant elected to apply to this Board.
7. In connection with the processing of this case, an advisory opinion was obtained from Department of the Army (DA), Recruiting Policy Branch,
Office of the Deputy Chief of Staff, G-1. The G-1 recommends that administrative relief be granted in this case because the debts appear to have been incurred as a result of administrative oversights by military separation personnel and were not the fault of the applicant. The applicant was provided a copy of this G-1 opinion and concurred with its contents on 20 October 2003.
8. Department of Defense Financial Regulation provides, in pertinent part, that the DIEMS determines which retired pay formula will be used. It is not used for any other purpose (for example, it is not used in the retired pay computation). In this case, the DIEMS date is the date the soldier enlisted in the DEP, not the date the soldier came on active duty. Paragraph 10101t states that for a Regular Component, time spent in the DEP is creditable only if the member entered the DEP prior to 1 January 1985.
9. In accordance with the DA, G-1 Retirement Services Homepage, a DIEMS date 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. Public Law 106-65 moved soldiers with DIEMS dates on or after 1 Aug 86 to the High-3 formula. However, soldiers in this group who are eligible for retention to 20 years can now elect to use REDUX and receive a $30,000 CSB in their 15th year (called a CSB/REDUX election). If they accept the $30,000 CSB, they must agree to serve a total of 20 years of active duty.
CONCLUSIONS:
1. By law and regulation, soldiers who entered the Army on or after 1 August 1986 are eligible to elect CSB under the REDUX program. The evidence of record confirms that the applicant believed and had been informed by responsible Army officials that she was eligible for a CSB bonus and participation in the REDUX retirement program at the time she made that election.
2. The evidence also shows that the applicant’s ineligibility for the program is based on her DEP enlistment date being prior to the DIEMS date established as the eligibility date for the REDUX program. Further, voiding the DEP enlistment contract and changing the applicant’s DIEMS date accordingly would have no impact on the applicant’s earned benefits or future entitlements. As a result, it would be appropriate to void the applicant’s DEP enlistment and allow her to remain in the REDUX program.
3. In view of the facts and circumstances in this case, it would serve the interest of justice and equity to grant the requested relief. Therefore, it would be appropriate to void the applicant’s enlistment in the DEP on 2 July 1986, correct her DIEMS date to 9 October 1986, the date she entered active duty in the RA, and to reimburse her any portion of the CSB debt that may have already been collected.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by:
a. showing that the 2 July 1986 DEP enlistment of the individual concerned is null and void;
b. showing that she initially entered into the military on 9 October 1986, and adjusting her DIEMS date accordingly;
c. showing that she was fully eligible for the CSB she received and participation in the REDUX retirement program based upon her adjusted DIEMS date; and
d. reimbursing her for any portion of the CSB that may have already been collected as a debt to the government.
BOARD VOTE:
_ FE___ __GW___ __AU __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Fred N. Eichorn
CHAIRPERSON
| CASE ID | AR2003085922 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/11/DD |
| TYPE OF DISCHARGE | N/A |
| DATE OF DISCHARGE | N/A |
| DISCHARGE AUTHORITY | N/A |
| DISCHARGE REASON | N/A |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 231 | 112.0900 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003086728C070212
In this, the DIEMS date is the date the soldier enlisted in the DEP, not the date the soldier came on active duty. The evidence also shows that the applicant’s ineligibility for the program is based on her DEP enlistment date being prior to the DIEMS date established as the eligibility date for the REDUX program. Therefore, it would be appropriate to void the applicant’s enlistment in the DEP on 31 July 1986, correct her DIEMS date to 16 September 1986, the date she entered active duty in...
ARMY | BCMR | CY2003 | 2003083661C070212
The G-1 recommends that administrative relief be granted in this case because the debts appear to have been incurred as a result of administrative oversights by military separation personnel and were not the fault of the applicant. The evidence also shows that the applicant’s ineligibility for the program is based on his DEP enlistment date being prior to the DIEMS date established as the eligibility date for the REDUX program. Therefore, it would be appropriate to void the applicant’s...
ARMY | BCMR | CY2003 | 2003083653C070212
The memorandum indicated that those soldiers who erroneously received the CSB did not initially enter military service on or after 1 August 1986; therefore under the law, they are not eligible to elect for the bonus or for participation in the REDUX that accompanied the CSB. In this, the DIEMS date is the date the soldier enlisted in the DEP, not the date the soldier came on active duty. Thus the Board concludes that it would be appropriate to void the applicant’s enlistment in the DEP on...
ARMY | BCMR | CY2002 | 2002076962C070215
He was then informed that he did not qualify for the bonus, since his Date Initial Entry Military Service (DIEMS) is the date he enlisted in the Army Reserve Delayed Entry Program (DEP), not the date he enlisted in the Regular Army. The applicant continues that he has offered to repay the debt, but have it prorated through his retired pay; he has requested to have his DIEMS adjusted to match the date he entered active duty; and he has requested that his debt be lessened to an amount which...
AF | BCMR | CY2004 | BC-2004-00319
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. On 7 May 2002, he received notification that due to problems with the military personnel data system at the time of his...
ARMY | BCMR | CY2011 | 20110009803
The applicant requests the date on his DD Form 2839 (Career Status Bonus (CSB) Election) be changed thereby allowing him to receive a CSB. Army Regulation 600-8-7 (Retirement Services Program), Section IV clearly stated that eligible Soldiers have 6 months from the date of notification to decide to either remain under the High-3 retirement plan or elect CSB/REDUX [Reduced Retired]; c. the applicant was informed that if the date of election on his form was correct, his election was past the...
AF | BCMR | CY2003 | BC-2003-03222
On 7 May 03 he was notified that because his DIEMS date was 8 Nov 85 and not 17 Sep 86 he received an erroneous CSB payment. On 7 May 02, 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 Aug 86. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...
AF | BCMR | CY2005 | BC-2005-01125
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. 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...
ARMY | BCMR | CY2009 | 20090006206
IN THE CASE OF: BOARD DATE: 7 July 2009 DOCKET NUMBER: AR20090006206 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states he received a "career ending" OER in December 2004 and was subsequently passed over for promotion by the FY-05 Army Medical Department (AMEDD) major (MAJ) promotion selection board (PSB). His second pass over for promotion (FY 2006), selected continuation, OER removal, and subsequent promotion to major happened after his election to receive the CSB.
AF | BCMR | CY2004 | BC-2004-01275
Since her CSB election form was late and subsequently disapproved, she never came under REDUX but is still under the High-3 retirement plan.] A member must submit the prescribed CSB/REDUX election form and any other required forms as directed in the eligibility notification no later than six months after they received eligibility notification, or the date they reach their 15th year of active service, whichever comes later. If a member does not elect REDUX in the prescribed time, the member...