IN THE CASE OF: BOARD DATE: 16 December 2020 DOCKET NUMBER: AR20180016733 APPLICANT REQUESTS: in effect, approve his application for Career Status Bonus (CSB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * memorandum Assumption of Command June 2016 * email correspondence with unit regarding status of CSB August 2016 through January 2018 * CSB Election Form October 2016 * Statement of Service May 2017 * CSB Election Form September 2017 * two requests for Exception to Policy (ETP) November 2017 * email from Defense Finance and Accounting Service (DFAS) rejection November 2017 * DFAS Case Management System Printout March 2018 * email from DFAS rejection of CSB March 2018 * email correspondence to the Inspector General (IG) August 2018 * email correspondence to the Army Review Board Agency (ARBA) December 2018 through February 2020 FACTS: 1. The applicant states he requests the Board reopen and process his application for CSB. He made the application on time and the resulting lateness was out of his control. He did everything he was required to do. His battalion submitted the form with an O-4's signature when an O-5 was requested, and they never fixed their mistake. 2. The applicant's available service record has the following documents for the Board's consideration: a. Three DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States), which show: * the applicant enlisted in the US Army Reserve (USAR) on 4 January 1995 for a period of 8 years * he reenlisted in the USAR on 27 October 2000 for a period of 6 years * he reenlisted in the USAR on 18 August 2005 for an indefinite period of time b. A memorandum from US Army Human Resources Command, dated 11 February 2016, Subject: Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-Year Letter). c. A DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes), dated 6 February 2018, which shows: * the applicant was in the delayed entry program (DEP) from 4 January 1995 through 7 February 1995, which is not creditable time for pay purposes * he was in the USAR on Active Duty from 8 February 1995 through 5 June 1995 * he was in the USAR Not on Active Duty (Troop Program Unit) from 6 June 1995 through 8 September 2001 * he was in the USAR on Active Duty Active Guard Reserve from 9 September 2001 through 9 November 2016 * he had 21 years, 9 months, and 2 days’ total creditable service 3. The applicant provides the following documents for the Board's consideration: a. A memorandum from 96th Military Police Battalion, dated 12 June 2016, which shows a Major took command of the battalion. b. Email correspondence with the applicant's unit, dated 29 August 2016, which states he thanked the unit for the information regarding retirement seminars. He had 21 years of service in the USAR and 15 of those were on AGR status. He was interested in the 15 year CSB on a 20-year retirement. c. Email Correspondence with his unit asking for clarification on the CSB and getting a signature from an O-5 or above. d. An incomplete DD Form 2839, which shows the applicant's date of notification as 26 October 2016. e. A Statement of Service, dated 16 May 2017, which shows: * the applicant was in the DEP from 4 January 1995 through 7 February 1995, this time period was not creditable service * he was in the USAR on active duty from 6 February 1995 through 5 June 1995 * he was in the USAR not on active duty from 6 June 1995 through 8 September 2001 * he was in the USAR on AGR from 9 September 2001 through 16 May 2017 * he had 22 years 3 months and 9 days of creditable service f. A DD Form 2839 (CSB Election Form), which shows: * date of notification was 1 March 2017 * he was eligible to elect the CSB * date of determination was 29 June 2017 * he signed the form on 12 September 2017 * his commander, a Major (MAJ)/O-4 signed the form on 13 September 2017 g. A memorandum from the commander of the Military Police Battalion, dated 20 November 2017, Subject Request ETP, which states the applicant was never officially notified and made attempts to select the CSB option in a timely manner. He requested approval of the ETP for payment of the CSB to the applicant. h. A self-authored request for ETP, dated 15 November 2017, which states the applicant entered the USAR on 8 January 1995 and became an AGR on 8 September 2001. He initially requested election for CSB on 29 August 2016 and again on 26 October 2016, both within 6 months of his 15-year mark. He never received an official election request from USAR G1 as the DFAS website implies should occur. He made every effort to make his election choice known in a timely manner. i. An email from DFAS, dated 21 December 2017, which states the CSB case was rejected for additional documents/completion of paperwork. j. An email with DFAS response which states the applicant was not eligible when he was notified on 26 October 2016 and made his election on 1 July 2017 because he exceeded the six months authorized to make an election. Changing the date of election to meet the six-month rule is altering a legal document and was not allowed. He was not eligible to be paid the CSB. He could seek an ETP. k. Two DFAS Case Management System screenshots, which shows the applicant resubmitted his paperwork to qualify for CSB on 4 December 2017. The other shows the applicant requested to be considered for CSB on 13 March 2018. The documents were corrected and attached. He was told the deadline was 31 December 2017. l. An email from DFAS, dated 23 March 2018, which states DFAS again rejected the applicant's case for CSB. His document was not completed correctly and it was too late to apply for the CSB because it was 6 months after notification. The Recording official must be completed and signed by an O-5 or above, and he made the election more than 6 months after his notification. m. Email correspondence with the IG, dated 20 August 2018, wherein the IG recommended the applicant contact the Board for correction of his records to show he submitted his CSB paperwork in a timely fashion. n. Email correspondence with ARBA, dated 4 February 2020, which states he has been trying to get someone to help resolve this issue for over 4 years. The CSB in question is a retirement bonus taken at 15 years. He is approaching 20 years now and will like to retire within 14 to 16 months. He needs someone to look at his request soon, or he would be forced to write his Congressman. He did not want to escalate it that far, but he was running out of time and options. o. A self-authored email to the Board, which states: (1) He went on an AGR tour on 8 September 2001. When he heard about the CSB offer at 15 years, he thought he should receive an offer around September 2016. On 29 August 2016, he requested information responding to an invitation to retirement seminars. He never received an answer. (2) On 26 October 2016, he could not find a way to submit a request through the CSB website, so he completed the form and sent it through his unit's personnel section. He cannot find the corresponding emails but the form was accepted and completed on 1 March 2017 and signed by the battalion S1 noncommissioned officer in charge on 29 June 2017. On 16 October 2017, his battalion S1 confirmed his packet was submitted to finance on 12 October 2017. (3) On 20 November 2017 finance asked for a memorandum to explain the late submission. The battalion commander, an O-4, sent a Memorandum For Record (MFR). The finance office requested an MFR by an O-5 or higher. The applicant sent in a self-authored MFR on 15 November 2017. (4) Between 20 November 2017 and 1 December 2017, the applicant continued asking his battalion if they were going to get an O-5 MFR. He did not want to jump his chain of command until he had permission to do so. On 21 December 2017, he received an email from finance stating the packet was rejected and returned and never completed. (5) On 31 January 2018, he again requested the O-5 MFR from his battalion. On 23 March 2018, DFAS rejected his packet and stated it could not be resubmitted. On 13 August 2018, the IG declined to accept his request for review. He did everything he could think to do while working through his chain of command. 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and his record of service and documents provided by the applicant. Based upon a preponderance of the evidence, and regulatory guidance the Board determine at no fault of the applicant who exhausted every option of getting his paperwork submitted in a timely manner. The Board concluded the applicant’s chain of command didn’t submit the necessary documents to DFAS. The Board agreed the record should be corrected to show the applicant submitted his packet, they accepted it in a timely manner and made a decision for his CSB application. Therefore, the Board granted relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant on 12 September 2017 submitted his Career Status Bonus (CSB), they accepted it in a timely manner and made a decision on his paperwork IAW with the regulation. 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: Department of Defense Financial Management, Volume 7A, Chapter 66 states that the National Defense Authorization Act for Fiscal Year 2000 significantly changed the retired pay system for those members of a Uniformed Service who first became members on or after August 1, 1986. Previously, they were covered by the Military Retirement Reform Act of 1986 (86 MRRA; henceforth referred to as REDUX). However, these members may now elect, upon completion of 15 years of active duty in the Uniformed Services, to receive a $30,000 career status bonus (CSB), in which case they will again be under the REDUX retired pay system. To make a CSB/REDUX election, a member submits the Career Status Bonus Election Form (DD Form 2839) or Service equivalent form, and any other service required forms as directed in the eligibility notification not later than the date the member attains 15 years of active military service or 6 months after the eligibility notification is sent, whichever is the later date. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180016733 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1