RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03639

XXXXXXXXXXXXXX	COUNSEL: NONE	 

	HEARING: NO

 
APPLICANT REQUESTS THAT:

He be allowed to payback his $30,000 Career Status Bonus (CSB) and his retirement plan be changed from REDUX to High 3.

APPLICANT CONTENDS THAT:

He understands the CSB election is irrevocable, even if the CSB is refunded.  However, he was presented misleading information, which did not state that the one percent cost of living adjustment (COLA) resumes after age 62.  Had he known this, he would not have taken the CSB.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force technical sergeant.  

Per 37 U.S.C. § 354, Special Pay: 15 year CSB for members entering service on or after 1 Aug 86, allows for payment of a $30,000 bonus be paid to members who agree to continue service to at least 20 years of total active federal military service (TAFMS) and receive retired pay under the REDUX Retirement pay plan.  

On 6 Jan 17, the applicant signed DD Form 2839, Career Status Bonus (CSB) Election, electing a single lump sum payment of $30,000 and acknowledged that once the election is effective it  may not be revoked.  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 denial. The applicant was given clear guidance explaining the CSB REDUX election on two different notifications and acknowledged both.  Both notifications stated the decision would be irrevocable.  If he did not fully understand the information provided, he should have contacted a financial advisor for assistance as advised.  The MyPers notification clearly states, “REDUX includes a reduction in the multiplier used to calculate retired pay which is readjusted at age 62.  REDUX also includes a one percent reduction in annual COLA.”  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 19 Jul 18 for comment (Exhibit D).  In e-mails dated 19 and 30 Jul 18, the applicant indicated he did not receive the attached advisory opinion and requested it be re-sent.  On 9 Aug 18, the Board re-sent a copy of the advisory opinion and attachments but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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 not 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 does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-03639 in Executive Session on 11 Sep 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2017-03639:

Exhibit A:	Application, DD Form 149, w/atchs, dated 2 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/AFPC/DP2STM, dated 13 Nov 17.  
Exhibit D:	Notification of Advisory, SAF/MRBC, to applicant, dated 19 Jul 18.
Exhibit E:	Applicant’s response, dated 19 Jul 18.
Exhibit F:	Notification of Advisory, SAF/MRBC, to applicant, dated 9 Aug 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.