RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2004-00848
						INDEX CODE:  112.05
						COUNSEL:  NONE

						HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to make him eligible to receive a Career Status Bonus (CSB).

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APPLICANT CONTENDS THAT:

He was never notified that he was eligible to elect the CSB.  When he inquired as to why he was not notified, no one could tell him why.  When he submitted his DD Form 2839, Career Status Bonus (CSB) Election, it was disapproved, because it was 8 days past his 16-year mark.

In support of his request applicant provided a copy of DD Form 2839, Career Status Bonus (CSB) Election.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 29 May 1987, and was discharged on 21 January 1988.  He enlisted in the Regular Air Force on 22 January 1988.  His DIEMS date was established as 29 May 1987.  He is currently serving on active duty in the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 May 2001.

On 26 January 2004, applicant was informed that he qualified to receive the CSB bonus under the Redux retirement plan.  On 4 February 2004, he elected to receive the CSB and his application was disapproved.

The FY00 National Defense Authorization Act (NDAA) changed the military retirement system.  Specifically, the change places those persons who first became members of a Uniformed Service on or after 1 Aug 86 (as determined by their Date Initially Entered Uniformed Services [DIEUS]), under the High-3/50% retired pay plan unless, they elect to receive a $30,000 one-time lump-sum bonus on or about the 15th year of active duty service.  To receive the CSB, a member must agree to remain on active duty through 20 years of active service and have their retired pay computed under the provisions of the 1986 Military Retirement Reform Act, commonly known as REDUX.  These changes were effective 1 Oct 99.  Note:  DIEUS date was formally known as the Date Initially Entered Military Service (DIEMS) date.  

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AIR FORCE EVALUATION:

AFPC/DPPRR recommends denial.  Based on Air Force policy, the applicant’s window of opportunity is past suspense and he is no longer eligible for this program.  The notification should be provided on or before the date a member completes 14 years and 6 months of active duty.  Applicant’s 14 years and 6 months of active duty was 22 July 2002, with a 15-year point of active duty of 22 January 2003.  Applicant does not provide information on who he spoke to and when regarding his notification of eligibility.

The DPPRR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 Apr 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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 corrective action.  Applicant states he was denied an opportunity to render a CSB election, because he was not notified by Air Force officials of his CSB election window.  He has indicated that it was his intent to elect the CSB option, but his request was denied because of his untimely submission.  We believe that since it appears he was not properly notified of his election window, in offer to offset the possibility of an injustice, the fairest and most equitable resolution would be to resolve any doubt in this matter in his favor.  Accordingly, we recommend that the records be corrected as indicated below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 20 July 2002, he was notified of his eligibility to receive the career status bonus and on 20 January 2003, he elected to receive the career status bonus as a single lump sum payment of $30,000.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00848 in Executive Session on 25 May 2004, under the provisions of AFI 36-2603:

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

     Exhibit A.  DD Form 149, dated 11 Mar 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRR, dated 24 Mar 04.
     Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.

AFBCMR BC-2004-00848

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 8 November 1985, is declared void and removed from his records.

		b. His Date of Initial Entry to Military/Uniformed Service (DIEMS/DIEUS) is 17 September 1986.