RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01814
		INDEX CODE:  128.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he declined the Career Status Bonus (CSB), he be provided the opportunity to repay the bonus, and he remain in the High 3 Retirement Plan.

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APPLICANT CONTENDS THAT:

He expressed to CSS personnel who were completing his paperwork (DD Form 2839, Career Status Bonus (CSB) Election) that he wanted to elect the High-3 retirement plan.  The CSS personnel acknowledged his request and instructed him to sign where she pointed her finger.  He did not realize she had him sign in the wrong section.  He noticed in June 2007 what he thought was a typographical error on his Leave and Earnings Statement (LES) that changed his retirement plan from CHOICE to REDUX.  He contacted his local finance office three times to correct the error.  He was referred to the Air Force Personnel Center (AFPC) and the Retirements section determined the DD Form 2839 was a matter of record.

He never received the CSB upon his 15th year in service, nor was he expected to.  If he had received a CSB - that would have alerted him that something was wrong and he would have immediately contacted finance to have the CSB returned and records corrected on the spot.  Now six years later, a CSB is being forced upon him that he does not want.  He was informed that he has to accept the CSB at his 21 year mark.  He finds this very egregious and unacceptable.  He is looking forward to the full 50% retirement pay (High-3) and had calculated and based his family’s future finances on that.  The format has changed on the new DD Form 2839 printed September 2002.  If he had been administered the new form to sign, the error would not have happened of signing in the wrong block by the military member(s) because you have to check a box detailing how you want the CSB payment to be made.

In support of his request, the applicant provided a personal statement, DD Form 2839, copies of email communique, and copies of his LESs.

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

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STATEMENT OF FACTS:

On 18 February 1988, the applicant enlisted in the Regular Air Force.  He continued to reenlist contracting his last enlistment on 29 June 2005 for a period of four years.  He is currently serving in the grade of master sergeant, having assumed that grade effective and with a date of rank of 1 September 2006.

On 5 August 2002, the applicant signed a DD Form 2839 in Section IV - Eligible and Electing to Receive the Career Status Bonus.

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states the applicant was notified of his eligibility window in a timely manner.  The applicant’s Total Active Federal Military Service Date (TAFMSD) is 18 February 1988, which would have made him eligible to receive the bonus on 18 February 2003.  He was notified on 5 August 2002, then went to sign the DD Form 2839.  His normal time period for payment would have been between the dates of 18 February 2003 and 18 February 2004.

On 28 April 2008, DPSOR received an email from the applicant’s unit which indicated he had not received the CSB payment, and the applicant wanted to know if he could remain in the High-3 retirement plan.  DPSOR reviewed his electronic personnel record and located the DD Form 2839, dated 8 August 2002, which indicated he elected to take the CSB payment.  DPSOR contacted the CSB liaison at DFAS, who determined the applicant did not receive payment of the bonus.  Since the election was a matter of record, action was initiated and payment made to the applicant within a few days.

The applicant should have received payment at approximately 15-years of service; however, it appears the Military Personnel Element overlooked the election and failed to initiate payment through the Case Management System (CMS) in a timely manner.  He indicated that he was unaware of his election until he noticed a change in the coding on his LES in June 2007.

A review of the DD Form 2839, Section IV, which the applicant signed is clearly titled “SECTION IV – ELIGIBLE AND ELECTING TO RECEIVE THE CAREER STATUS BONUS.  Complete this section only if you are eligible and you desire to elect to receive the Career Status Bonus…”  Block 12 of the form, which immediately follows the title of Section IV, includes detailed information on the election process and its impact on the member’s retirement plan.  In Block 12, it also indicates “…that once the election is effective it may not be revoked…” and that the member acknowledged receiving “…the Fact Sheet of Information for Eligible Career Status Bonus members, explaining the details and effects of making this decision.”

The applicant believes that since he did not seek payment earlier, this should confirm his claim that he did not elect the bonus; however, no evidence was provided to indicate he was miscounseled by the CSS representative or that he never sought payment previously.

He also believes that the version of the DD Form 2839, published September 2002, is clearer and if he had signed the new version, the error would not have occurred.  The changes made to the CSB election form were not the result of confusing wording, but due to program revision regarding CSB payment options.  In fact, the title of Section IV remained the same on the revised form.  Further, the September 2002 version was published after the applicant made his CSB election.

The applicant also is concerned that the CSB payment is being forced on him; however, his CSB election has been part of his record since May 2003.  There is no provision for the applicant to change his election after the effective date, even if the payment was not made in a timely manner.  DFAS has remedied the non-payment and the applicant has access to the funds even though he attempted to refuse receipt.

Other members often change their minds for a variety of reasons after making the CSB election; however, since the election is irrevocable, these members are held to their decisions.  In order to support a change of election, DPSOR requires clear documentation to indicate the CSS official miscounseled the member or that action was taken prior to the member’s election effective date to initiate a change.  No such evidence was provided.

The complete DPSOR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states he signed the DD Form 2839 on 8 August 2002.  He did not receive a CSB payment.  His LES changed to REDUX retirement plan in June 2007 after serving 19 years and 4 months.  He immediately tried to resolve the retirement plan error with local base agencies and was led to AFPC on 24 April 2008.  DFAS was ordered by AFPC to pay the bonus six years after the misguided signing of the DD Form 2839.  To this day he is refusing to accept the CSB payment.  He never asked AFPC if he could remain in the High-3 retirement plan because he believed he was already in it.  He clearly stated that he believed he elected High-3 until AFPC notified him of the error in April 2008.

The applicant’s complete response, with attachments, 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The majority of the Board is of the opinion that based on the available evidence of record, it appears that the applicant has established reasonable doubt as to whether he was miscounseled when completing the DD Form 2839.  With the appropriate counseling the Board majority believes that he would have elected not to receive the CSB.  The majority of the Board believes that any reasonable doubt in this matter should be resolved in his favor.  Therefore, the majority of the Board recommends his records be corrected as indicated below.  

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 8 August 2002, he elected not to receive the Career Status Bonus.

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The following members of the Board considered this application in Executive Session on 14 August 2008, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

By a majority vote, the Board recommended to correct the records, as recommended.  XXXXXXXXXX voted to deny the applicant’s request but does not desire to submit a minority report.  The following documentary evidence was considered pertaining to AFBCMR Docket Number BC-2008-01814:

   Exhibit A.  DD Form 149, dated 9 May 2008, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOR, dated 10 June 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 27 June 2008.
   Exhibit E.  Letter, Applicant, dated 7 July 2008, w/atchs.

				XXXXXXXXXX
				Panel Chair