RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01561
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect his eligibility to elect the Career Status Bonus (CSB).

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APPLICANT CONTENDS THAT:

He was notified of his eligibility to make an election for the CSB on 9 Sep 03.  His orderly room had personnel changes which resulted in his not getting notified until 1 Apr 04 that he needed to make his decision.  At that point, he had exceeded the six-month requirement to make his decision.  He understands he was ultimately responsible for his failure to make an election, but he requests another opportunity.

In support of his appeal, the applicant provided documentation pertaining to the CSB, to include his election form.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates the applicant is currently serving on active duty in the grade of master sergeant, having been promoted to that grade on 1 Jun 04.  His Total Active Federal Military Service Date (TAFMSD) is 13 Dec 88.

On 9 Sep 03, the applicant was notified of his eligibility to make a CSB election.

On 1 Apr 04, the applicant signed a DD Form 2839, Career Status Bonus (CSB) Election, indicating he elected to receive the CSB in a lump sum payment of $30,000.

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AIR FORCE EVALUATION:

AFPC/DPPRR recommended denial indicating a member must submit the prescribed CSB election form and any other required forms as directed in the eligibility notification no later than the date that is six months after they received eligibility notification.  Based on Air Force policy, the applicant’s window of opportunity is past the suspense and he is no longer eligible for this program.  Furthermore, he acknowledged he understood he had until Mar 04 to make his election and return the required form.  In their view, the applicant’s submission was handled properly.

A complete copy of the AFPC/DPPRR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a response pointing out several factors he believes should be considered before a decision is made in his case, as well as the impact the decision would have on him, his family, and his career.  

Applicant’s complete response, with attachment, is at Exhibit E.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant's complete submission was thoroughly reviewed and his contentions were duly noted.  However, we do not find the applicant’s uncorroborated assertions and the documentation provided in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR).  The evidence of record indicates the applicant was notified of his eligibility to make a CSB election on 9 Sep 03, with a six-month suspense to submit the prescribed CSB election form.  However, the applicant did not submit the required form until he had passed his window of eligibility.  He contends that personnel changes in his orderly room resulted in his not being notified until after the six-month suspense.  After a thorough review of the facts and circumstances of this case, no evidence has been presented which has shown to our satisfaction that the applicant’s failure to submit his election form was due to circumstances beyond his own control.  In this respect, we note after being notified of his eligibility to make a CSB election on 9 Sep 03, the applicant acknowledged he understood he had until Mar 04 to make his election and return the required form.  Furthermore, the applicant indicates he understood he was ultimately responsible for his failure to make an election.  In view of the foregoing, and in the absence of sufficient evidence he was treated differently from similarly situated individuals, we find no compelling basis to recommend granting the relief sought in this application.  Notwithstanding the above, if the applicant were to provide documentation supporting his assertions that personnel changes in his orderly room impacted his opportunity to make a decision regarding the CSB prior to the six-month suspense, we would be inclined to reconsider his appeal.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-01561 in Executive Session on 14 Jul 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRR, dated 25 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.
    Exhibit E.  Letter, applicant, dated 12 Jun 04, w/atch.