RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03795
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be allowed to revoke her decision to elect the High-3  REDUX  retirement
plan.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She fell under the new REDUX/High-3 option Retirement Plan.  She  chose  the
REDUX option, and after doing so, realized  she  had  made  a  very  serious
mistake.  She states that she has  not  spent  the  money  from  the  Career
Status Bonus (CSB) and is willing and able to return it  to  the  Air  Force
immediately upon notification of this decision, should  the  Board  rule  in
her favor.

She indicates that after searching for over 5 years,  she  and  her  husband
found the perfect piece of property for their  retirement  home  in  Alaska.
Unfortunately, with the recent large drop in the stock  market,  they  would
take quite a loss to take  the  money  out  of  their  investment/retirement
funds.  She researched the Retirement Choice internet web  page,  and  found
that if she were willing to stay in the Air  Force  for  30  years  she  had
little to lose (other than the annual .5% cost of  living  increases).   She
also figured that if she put in as little as $5,000 into  a  Thrift  Savings
Plan (TSP) she would still have the funds she needed while  also  minimizing
the tax burden.  She contacted multiple agencies on base  to  determine  how
she could elect to have the specific amount  withheld  for  TSP,  but  other
than the general election form she already filled out,  no  one  knew.   She
was told that it would be approximately 90 days  before  she  would  receive
the funds.  She didn’t want to  have  special  pay  deducted  for  3  months
before the REDUX bonus arrived, so she waited.






Approximately 2 months had gone by, and  the  closing  for  their  land  was
approaching.  She contact the REDUX point of contact (POC) and was  informed
that it would be another 30-60 days before she would receive the money.   He
further indicated that if she needed  the  money  faster,  she  should  find
alternate funds  and  request  a  cancellation  of  the  REDUX  bonus.   She
requested the cancellation and was informed by the REDUX POC that  he  would
proceed with the cancellation.  The next day he notified  her  that  it  was
too late, the money had already been sent and her decision  was  irrevocable
as of the date she initially signed the paperwork. She states that she  does
not recall  reading  or  signing  anything  that  stated  the  decision  was
irrevocable, nevertheless, she thought she was making the best  decision  at
that time.

In support of her appeal, the applicant provided a  personal  statement  and
other documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on extended active duty in the  grade  of
captain.

On 23 August 2002 applicant elected to accept and receive  the  High-3/REDUX
retirement option, which resulted in her receiving a $30,000 lump-sum  bonus
upon reaching her 15-year point of active service.

On 18 October 2002,  applicant  requested  to  cancel  the  REDUX  prior  to
receiving her bonus payment.

In accordance with Public Law 106-65,  effective  5  October  1999,  changes
were made to the retired pay system.  Service members who initially  entered
the uniformed service on or after 1 August  1986  were  given  a  choice  of
retirement plans at their 15th year of service.  Their two options  were  to
take the pre-1986 retirement system (High-3 System) or elect  to  receive  a
one-time lump-sum Career Status Bonus (CSB) of $30,000.00  at  15  years  of
service in exchange for length-of-service retired  pay  computed  under  the
post-1986 retirement system (the Military Retirement  Reform  Act  of  1986,
commonly known as REDUX).   This  option  is  referred  to  jointly  as  the
CSB/REDUX option.

_________________________________________________________________









AIR FORCE EVALUATION:

AFPC/DPPRR recommended  denial.   They  indicated  that  the  applicant  was
determined to be eligible by her  commander  for  the  Career  Status  Bonus
(CSB) program, March  2002,  which  afforded  her  six  months  to  make  an
election decision.  She made her decision on  23 August  2002.   Based  upon
the information received and the guidance on the CSB program,  they  believe
the applicant is not entitled to revoke her CSB  election.   Once  a  member
makes an election, the choice is irrevocable as stated on the DD Form  2839,
CSB Election, Section IV, #12, “…I understand  that  once  the  election  is
effective it may not be revoked…”

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 January 2003, a copy of the Air Force evaluation was forwarded  to  the
applicant for review and response within  thirty  (30)  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  an  error  or  injustice.   After  thoroughly  reviewing  the
evidence of record, it appears that  the  applicant  voluntarily  chose  the
REDUX Option after being identified as being eligible.  She  indicates  that
she does not recall reading or signing anything stating  that  the  election
may not be revoked.  However, we note that the DD Form 2389,  Career  Status
Bonus Election, which she signed on 23  August  2002,  clearly  states  that
once the election is effective, it may not be revoked.  Applicant  does  not
present persuasive evidence that she was unaware of the  terms  and  effects
of her election.  It  was  her  responsibility  to  ensure  that  she  fully
understood the REDUX Option  program  before  she  elected  this  retirement
alternative.  It appears she made her choice based upon  what  she  believed
was in the best interest of her and her family at the time.   Therefore,  we
are in agreement with the opinion and recommendation of the  Air  Force  and
adopt their rationale that she has not been the victim of  an  error  or  an
injustice.  In view of the foregoing and in the absence of evidence  to  the
contrary, we find no compelling basis upon which to recommend  granting  the
requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  02-03795
in Executive Session on 11 February 2003, under the provisions  of  AFI  36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Billy C. Baxter, Member
                  Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 November 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRR, dated 10 December 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 3 January 2003.




                                DAVID C. VAN GASBECK
                                Panel Chair