RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00104 

  						COUNSEL:  NO

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be paid the $30,000.00 Career Status Bonus (CSB) recouped from his medical separation pay.

APPLICANT CONTENDS THAT:

He served just over 16 years, was medically separated, and should have received medical separation pay of approximately $115,000; however, $30,000 was withheld in order to recoup his CSB.  He feels he did everything correctly in the CSB process by notifying his chain of command of his medical review board and fully intended to stay in the Air Force for 20 years.  He is now paying the price when the individuals who made the mistake/error in the process didn’t lose anything.  He filed an appeal with the Defense Office of Hearings and Appeals but they sided with the Defense Finance and Accounting Service (DFAS).  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 Oct 97.

On 20 Aug 13, according to the applicant’s DD Form 2839, Career Status Bonus (CSB) Election, the applicant elected to receive the CSB in a single lump sum payment of $30,000.  Block 12 further states, “I understand that if I receive the CSB in error, I must repay the full, before-tax bonus amount.” 

On 30 Dec 13, the applicant was furnished an honorable discharge with a narrative reason for separation of “disability, severance pay, non combat (enhanced),” and was credited with 16 years and 3 months of active service.  

On 31 Mar 15, the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty. dated 30 Dec 13, was corrected to reflect in block 18, “Member authorized $115,190.40 disability severance pay as calculated by the Defense Finance and Accounting Service (DFAS).”

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial indicating there is no evidence of an injustice.  37 USC §354, Special Pay: 15-year career status bonus for members entering the service on or after August 1, 1986, allows for a $30,000 bonus to be paid to members who agree to continue to serve to least 20 years of Total Active Federal Military Service and to receive retired pay under the REDUX retirement pay plan.  On 15 Jan 13 the applicant underwent a Medical Evaluation Board (MEB).  The applicant was notified of his CSB opportunity on 19 Aug 13.  In August 2013, the applicant was notified of the MEB rating and appealed it to the Physical Evaluation Board (PEB).  Following notification of the rating, his commander erroneously deemed him eligible for the CSB.  

According to the PSDM 13-41, paragraph 5 (see attachment to Exhibit C), the eligibility criteria state the member must not be pending a MEB or PEB.  At the time of the applicant’s CSB election, he was still waiting for the results of his MEB appeal.  In October 2013, the appeal was overturned, and he was separated on 30 Dec 13.  

The applicant did not meet the eligibility criteria for the CSB, and an election should not have been submitted to DFAS for the $30,000.  The recoupment from DFAS is justified since the applicant did not serve the 20 year service commitment.

A complete copy of the AFPC/DP2STM evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Mar 17 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that even though the applicant’s CSB processing was accomplished in error, he has not been the victim of an injustice as he was never eligible for the CSB since he was in the process of going through a MEB/PEB.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

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

The following members of the Board considered AFBCMR Docket Number BC-2016-00104 in Executive Session on 20 Jun 17 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 7 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM, signed 26 Jul 16,
  w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Mar 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.