RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02421

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He receive a waiver for his Career Status Bonus (CSB) recoupment.

APPLICANT CONTENDS THAT:

He retired under the Temporary Early Retirement Authority (TERA) and was advised that a CSB recoupment could be waived as outlined in the DoD Financial Management Regulation 7000.14_R, Chapter 66.  The applicant claims he submitted an application in Jun 13, however, never received a response and due to life events during that time, he failed to follow-up.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 31 Mar 09, the applicant received Notification of Career Status Bonus Redux eligibility and it was approved by his Commander/Designated Representative on 02 Oct 09.

On 29 Sep 09, per DD Form 2839, Career Status Bonus (CSB) Election, the applicant selected a single lump sum payment.

On 01 Sep 12, the applicant retired under TERA and was credited with 17 years, 10 months and 26 days.

On 03 Jun 13, the applicant received notification from AFPC/DPSOR in regards to steps required to obtain a waiver of the CSB recoupment for certain circumstances.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends granting the application based off the guidance outlined in DoD Financial Management Regulation 7000.14-R., Chapter 66 and the letter sent to the applicant from the Military Retirements Policy and Procedures section at AFPC.  Per DoD guidance, recoupment of a CSB was not intended for members who were eligible for retirement under the TERA program.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 10 Jul 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that DFAS be notified to reinstate the applicant’s CSB per the DoD Financial Management Regulation 7000.14-R., Chapter 66.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02421 in Executive Session on 22 Aug 18:

, Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 04 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, w/atchs, dated 07 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 10 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2017-02421.