RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01122
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect a change in his window of
eligibility to make a Career Status Bonus (CSB) election.
_________________________________________________________________
APPLICANT CONTENDS THAT:
A determination was made he was ineligible to make a CSB election
because he had exceeded the suspense date to do so. He believes he is
a victim of injustice because he was never notified that guidance had
been released on CSB installment options, and because of the lack of
action by the involved Military Personnel Flights (MPFs).
In support of his appeal, the applicant provided an expanded statement
and documentation pertaining to the CSB, to include his election form.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
the applicant is currently serving on active duty in the grade of
master sergeant, having been promoted to that grade on 1 Jun 02. His
Total Active Federal Military Service Date (TAFMSD) is 14 May 87.
On 16 May 02, the applicant was notified of his eligibility to make a
CSB election.
A DD Form 2839, Career Status Bonus (CSB) Election, provided by the
applicant indicates he was determined to be eligible for a CSB and was
notified on 22 Jan 04. He signed the form indicating he elected to
receive the CSB in a lump sum payment of $30,000 on 3 Feb 04, which
was witnessed by his commander.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRR recommended denial indicating a member must submit the
prescribed CSB election form and any other required forms as directed
in the eligibility notification no later than the date that is six
months after they received eligibility notification. According to
AFPC/DPPRR, information and criteria for the CSB program are available
through many sources, to include, but not limited to, the Department
of Defense (DoD) and Air Force Personnel Center (AFPC) websites, and
Base Career Advisors. Based on Air Force policy, the applicant’s
window of opportunity is past the suspense and he is no longer
eligible for this program. In their view, the applicant’s submission
was handled properly.
A complete copy of the AFPC/DPPRR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided a response indicating his dispute is not with AFPC
and how they handled his submission, but rather with the MPF not
following appropriate guidance regarding the CSB, as well as their
failure to contact him about the Air Staff’s guidance concerning
installments options. He was never contacted until after his CSB
selection was rejected.
Applicant’s complete response is at Exhibit D.
_________________________________________________________________
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 error or injustice. After a thorough review of the
available evidence, we are not persuaded corrective action is
warranted in this case. The evidence of record indicates the
applicant was notified of his eligibility to make a CSB election on 16
May 02, with a six-month suspense to submit the prescribed CSB
election form. However, he opted to delay his decision awaiting the
Air Staff guidance on installment options. The available evidence
reflects such guidance was released in Oct 02, one month prior to the
expiration of his window of eligibility. He contends he was advised
by his MPF to wait until he was contacted by them regarding the Air
Staff guidance on installment options but was never notified such
guidance had been released. Other than the applicant’s own
uncorroborated assertions, he has not established he was not notified.
Also, we note information and criteria regarding the CSB program were
available through a variety of sources. Furthermore, although it
appears the applicant may have been advised he could hold off making
an election beyond his original six-month suspense, he did not make an
election until 3 Feb 04, almost two years after he was notified of his
eligibility to make an election. While we find his situation
unfortunate, in our opinion, the applicant did not exercise due
diligence concerning this matter. In view of the foregoing, and in
the absence of sufficient evidence he was treated differently from
similarly situated individuals, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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 BC-
2004-01122 in Executive Session on 2 Jun 04, under the provisions of
AFI 36-2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Terry L. Scott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 04, w/atchs.
Exhibit B. Letter, AFPC/DPPRR, dated 23 Apr 04.
Exhibit C. Letter, SAF/MRBR, dated 30 Apr 04.
Exhibit D. Letter, applicant, undated.
ALBERT F. LOWAS, JR.
Panel Chair
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