IN THE CASE OF: BOARD DATE: 18 December 2019 DOCKET NUMBER: AR20170007212 APPLICANT REQUESTS: in effect, correct her retired pay by removing a Career Status Bonus (CSB) that she did not request. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1290 (Certificate of Appointment), dated 1 October 2006 * Retirement Orders (Orders 161-0283, dated 9 June 2008) * DD Form 214 (Certificate of Release or Discharge from Active Duty), period ending 30 September 2008 * Defense Finance and Accounting Service (DFAS) Memorandum, dated 19 January 2017 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, based upon DFAS, as of 19 January 2017, her High 36/High 3 base pay amount was $4,579.50 at the time. She was placed on the retired list on 1 October 2008 as a commission warrant officer three/CW3, with 20 years, 7 months, and 7 days of total service and does not recall requesting to receive a Career Status Bonus (CSB). However, she states, there were other Soldiers that requested and received the CSB, but again, she doesn’t recall requesting or receiving the CSB. The applicant states, at the end of the month (at the time of her application), she physically received a gross pay amount of $2,015 with a Department of Veterans Affairs (VA) waiver of $589.12 included in the gross pay. 3. The applicant provides: a. A copy of her DA Form 1290, which shows her appointed to the rank and pay grade of warrant officer three. b. A copy of her Retirement Orders (Orders 161-0283, dated 9 June 2008), showing she was placed on the retired list effective 1 October 2008. c. A copy of her DD Form 214, period ending 30 September 2008, showing she was retired due to completion of sufficient service for retirement. d. A DFAS Memorandum to applicant, dated 19 January 2017, informing her of the formula used to calculate her retired pay. The formula provided applies to regular non- disability retired pay for retirees who received a CSB. Information provided at the bottom of the memorandum informed the applicant the amounts used to calculate the High-36/High 3 base amount are provided by DFAS by the personnel center of her service branch, any discrepancies would need to be resolved by her personnel center. 4. A review of the applicant’s service record shows: a. She enlisted in the United States (U.S.) Army Reserve (USAR) in a Delayed Entry Program (DEP) on 2 November 1987. She enlisted in the Regular Army for 4 years on 24 February 1988. The applicant maintained continuous honorable service through to her date of discharge on 22 June 2000 to accept a warrant officer appointment on 23 June 2000. b. Her DD Form 214 shows she was honorably discharged on 22 June 2000, to accept a commission or warrant in the Army. She served 12 years, 3 months, and 29 days of active service this period. c. On 23 June 2000, the applicant was appointed as a warrant officer one/WO1 and accepted the appointment as a Reserve warrant officer of the Army. d. Orders 60-2-A-80, dated 11 November 2005, appointed her in the Regular Army of the U.S. She maintained continuous honorable service through to her date of retirement on 30 September 2008. e. Orders, dated 9 June 2008, shows she was retired from active duty effective 30 September 2008 and placed on the retired list effective 1 October 2008. The Orders also show her date initially entered military service (DIEMS) was 2 November 1987. The 15th anniversary of the applicant’s DIEMS date was 2 November 2002. f. Her DD Form 214, period ending 30 September 2008, shows she was honorably retired from the Regular Army and transferred to the USAR Control Group (Retired). She served a total of 20 years, 7 months, and 7 days of active service with no lost time. g. The applicant’s service record was void of documentation showing she had requested or was approved to receive the CSB. 5. A DFAS Memorandum to applicant, dated 19 January 2017, informing her of the formula used to calculate her retired pay. The formula provided applies to regular non- disability retired pay for retirees who received a CSB. Information provided at the bottom of the memorandum informed the applicant the amounts used to calculate the High-36/High 3 base amount are provided by DFAS by the personnel center of her service branch, any discrepancies would need to be resolved by her personnel center. 6. Army Regulation 600-8-7 (Retirement Services Program), sets forth the tasks, rules, and steps for processing applications for Soldiers making a choice under the CSB/Reduced Retired Pay Plan (REDUX). The Military Reform Act of 1986 created the REDUX Retired Pay Plan, applicable to all members who joined the military on or after 1 August 1986. It allows eligible Soldiers to choose between the High-3 and the CSB/REDUX pay plan. If a Soldier elects the CSB/REDUX pay plan, a copy of the DD Form 2839 will be maintained in the Soldier's military personnel file and a copy will be forwarded for filing in the Soldier's OMPF. The original DD Form 2839 will be sent to the servicing finance office no later than 10 days prior to the Soldier's 15th anniversary of date of service. Human resources specialists will record the Soldier's election to update the appropriate personnel systems. Upon receipt of the form by the local finance office, steps will be taken to ensure the form is complete and accurate and that the Soldier has reached the 15-year anniversary date of active service. Once complete, the central finance office receives the form, inputs approval, and pays the Soldier the CSB. 7. Military Personnel Message Number 01-143 (CSB/REDUX Notification, Counseling, and Election Procedures) provided implementing procedures for determining eligibility, notification, counseling, and election of the CSB/REDUX Retired Pay option. a. Soldiers with a DIEMS on or after 1 August 1986 are eligible to elect the CSB/REDUX Retired Pay option. The LES for eligible Soldiers will show the word "Choice" until converted to either High-3 or REDUX after the Soldier makes a CSB/REDUX election. After notification of eligibility and counseling, the Soldier makes an election on the DD Form 2839. Elections received before the Soldier's 15th year of active service are effective and irrevocable at the 15th year. Elections received after the Soldier's 15th year of active service are effective and irrevocable when received. b. Once the DD Form 2839 is completed, the code "RB" will be entered in the "Special Pay" field of a Soldier's record in Standard Installation/Division Personnel System (SIDPERS) if the Soldier elected CSB/REDUX. The code "RH" will be entered if the Soldier was eligible for but declined CSB/REDUX or wasn't eligible. The code in the "Special Pay" field will generate a change to the retired pay plan data transmitted monthly to DFAS for inclusion on the member's monthly LES. After the appropriate code has been entered in the "Special Pay" field of SIDPERS, the local finance and accounting office will transmit the form to DFAS for payment. DFAS will pay the bonus no later than 60 days after the first of the month following the election effective date. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. DFAS records show the applicant received the CSB. The Board determined there is insufficient evidence that shows there is an error in the DFAS record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. AR 600-8-7, chapter 7, sets forth the tasks, rules, and steps for processing applications for Soldiers making a choice under the CSB/Reduced Retired Pay Plan (REDUX). The Military Reform Act of 1986 created the REDUX Retired Pay Plan, applicable to all members who joined the military on or after 1 August 1986. It allows eligible Soldiers to choose between the High-3 and the CSB/REDUX pay plan. If a Soldier elects the CSB/REDUX pay plan, a copy of the DD Form 2839 will be maintained in the Soldier's military personnel file and a copy will be forwarded for filing in the Soldier's OMPF. The original DD Form 2839 will be sent to the servicing finance office no later than 10 days prior to the Soldier's 15th anniversary of date of service. Human resources specialists will record the Soldier's election to update the appropriate personnel systems. Upon receipt of the form by the local finance office, steps will be taken to ensure the form is complete and accurate and that the Soldier has reached the 15-year anniversary date of active service. Once complete, the central finance office receives the form, inputs approval, and pays the Soldier the CSB. 2. Military Personnel Message Number 01-143, provided implementing procedures for determining eligibility, notification, counseling, and election of the CSB/REDUX Retired Pay option. a. Soldiers with a DIEMS on or after 1 August 1986 are eligible to elect the CSB/REDUX Retired Pay option. The LES for eligible Soldiers will show the word "Choice" until converted to either High-3 or REDUX after the Soldier makes a CSB/REDUX election. After notification of eligibility and counseling, the Soldier makes an election on the DD Form 2839. Elections received before the Soldier's 15th year of active service are effective and irrevocable at the 15th year. Elections received after the Soldier's 15th year of active service are effective and irrevocable when received. b. Once the DD Form 2839 is completed, the code "RB" will be entered in the "Special Pay" field of a Soldier's record in Standard Installation/Division Personnel System (SIDPERS) if the Soldier elected CSB/REDUX. The code "RH" will be entered if the Soldier was eligible for but declined CSB/REDUX or wasn't eligible. The code in the "Special Pay" field will generate a change to the retired pay plan data transmitted monthly to DFAS for inclusion on the member's monthly LES. After the appropriate code has been entered in the "Special Pay" field of SIDPERS, the local finance and accounting office will transmit the form to DFAS for payment. DFAS will pay the bonus no later than 60 days after the first of the month following the election effective date. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007212 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1