RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 October 2004
DOCKET NUMBER: AR2004100102
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 |
| |Mrs. Carolyn Wade | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Mr. Richard T. Dunbar | |Member |
| |Ms. Linda D. Simmons | |Member |
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 changed from 5 June 1986 to 28 February 1989 in order to take
advantage of the career status bonus.
2. The applicant states that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) from the Navy is an entry-level separation. He
states that the Navy was not accepting people with flat feet, but the
doctor who examined him did not inform him of this and that he was not
informed until he was in basic training. He states that after 27 days, he
was discharged from the Navy and issued a DD Form 214 showing erroneous
enlistment-enlisted in error.
3. The applicant provides a copy of his DD Form 214 and a copy of his DD
Form 4/1 (Enlistment/Reenlistment Document).
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show he enlisted in the Navy
on 5 June 1986 and was discharge on 1 July 1986 with an entry-level
separation.
2. On 26 January 1989, the applicant enlisted in the United States Army
Reserve (USAR) Delayed Entry Program (DEP).
3. On 28 February 1989, the applicant enlisted in the Regular Army for a
period of 4 years. The applicant is currently serving on active duty and
is stationed in Kuwait.
4. In the processing of this case an advisory opinion was obtained from
the United States Army Enlisted Records and Evaluation Center,
Indianapolis, Indiana. The opinion stated that:
a. The applicant's DIEMS date is 5 June 1986, the date he entered
the Navy.
b. The applicant entered the Army's DEP on 26 January 1989 and
entered active duty on 28 February 1989.
c. Even though the applicant was discharged for erroneous
enlistment, his DIEMS date remains the date he entered the Navy which is 5
June 1986.
d. In order to qualify for the Career status Bonus/REDUX, a DIEMS
date would have to be 1 August 1986 or later.
e. There are no provisions to adjust a DIEMS date so that someone
can take advantage of the bonus.
f. The opinion recommended that the applicant's request be denied.
5. The applicant responded to the advisory opinion through e-mail. He
indicates that he is in Kuwait and does not have access to paperwork for a
rebuttal statement. He states that he does not understand how an erroneous
enlistment can have a DIEMS date. He inquired into how to get his Navy
time calculated into his retirement date if the ABCMR does not change his
DIEMS date.
6. DIEMS is defined as the date an individual was initially enlisted,
inducted, or appointed in a regular or reserve component of a uniformed
service as a commissioned officer, warrant officer, or enlisted member.
Breaks in service do not affect a DIEMS date. Members of the DEP are
considered under these provisions. This date is used solely to indicate
which retirement plan a member is under. The DIEMS is the first time any
contract was signed obligating the soldier to any type of military service,
even if it was later voided.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Navy on 5
June 1986.
2. The evidence of record shows the applicant entered the DEP on 26
January 1989 and entered the RA on 28 February 1989.
3. In accordance with the advisory opinion and based on the definition of
DIEMS, the applicant's DIEMS date is correctly reflected as 5 June 1986 and
there is no reason to change it.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__fe____ __rtd___ __lds___ 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.
Fred Eichorn
______________________
CHAIRPERSON
INDEX
|CASE ID |AR2004100102 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041014 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(DENY) |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0200 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
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 | 2003085922C070212
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. In this case, the DIEMS date is the date the soldier enlisted in the DEP, not the date the soldier came on active duty. 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...
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 | 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 | 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...
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...
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...
ARMY | BCMR | CY2003 | 2003084402C070212
The Board considered the following evidence: 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. Since a DIEMS is the date a soldier initially entered the military, it cannot be changed unless its in error.
AF | BCMR | CY2003 | BC-2003-01185
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01185 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His Date of Initial Entry Military Service (DIEMS) be changed from 23 Jun 86 to 1 Aug 86. On that same date, he elected to receive the CSB payment, a one-time lump-sum payment, upon his attainment of 15 years of active duty...