PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 MAY 2003                  
	DOCKET NUMBER:   AR2002081828

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Roger W. Able		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the Career Status Bonus (CSB) Election (DD Form 2839) be removed from her Official Military Personnel File (OMPF). 

3.  The applicant states that she was not eligible for the CSB at the time the request was submitted.  All documents should have been returned.  She will not be eligible until May 2003.   

4.  The applicant’s military records show that on 21 April 1988, while then a member of the 395th Military Police Detachment, a Reserve Component unit in Lexington, Kentucky, she requested enlistment in the Regular Army.  On              2 November 1988 she enlisted in the Regular Army for 4 years in the rank of private first class and has remained on continuous active duty.  Her enlistment document of 2 July 1992 shows that she had 1 year, 2 months, and 11 days of total inactive military service.   

5.  On 11 December 2001 the applicant completed the CSB Election, indicating that she was eligible and elected to receive the CSB.  In completing this election, the applicant stated, "I understand that if I receive the CSB in error, I must repay the full before tax bonus amount."  The eligibility requirements, as indicated on the election form, require a member to be on active duty, complete15 years of active duty service, have a DIEMS (the date an individual was initially enlisted, inducted or appointed in a Regular or Reserve Component of a uniformed service) of 1 August 1986 or later, and qualify under service regulations for retention to 20 years of active duty service.

6.  Her DIEMS, as shown on that form, is 1 March 1987; the date of notification, 28 November 2001; the date of determination, 2 January 2002.  She signed the form electing to receive the bonus on 11 December 2001.  

7.  U.S.C. 37, Section 322, provides for a 15-year career status bonus for members entering the service on or after 1 August 1986.  It defines eligibility requirements for the bonus, which include – first becoming a member of a uniformed service serving on active duty on or after 1 August 1986, and completing 15 years of active duty (or has received notification not later than 180 days before the date on which the member will complete 15 years of active duty). The bonus is a single lump sum of $30,000.00.

CONCLUSIONS:

1.  At the time of the applicant's election, she was not eligible for the CSB.  She will not be eligible until this year (2003) for the CSB.  The determination of her eligibility was more than likely erroneously made based on her DIEMS, not on her basic active service date, which would indicate her years of active service. 

2.  Accordingly, the Career Status Bonus Election (DA Form 2839) should be expunged from her OMPF.  The election that she made on 11 December 2001 under the provisions of U.S.C. 37, Section 322, is null and void and of no force or effect.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the Career Status Bonus (CSB) Election (DA Form 2839) be expunged from the applicant's OMPF.  That election is null and void and of no force or effect.

BOARD VOTE:  

__AAO__  __TAP __  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__  Arthur A. Omartian_ ___ 
		        CHAIRPERSON

INDEX

CASE ID	AR2002081828	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030515	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	134.00	
2.		
3.		
4.		
5.		
6.