RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-01275
                                        INDEX CODE 128.14
                                        COUNSEL: No

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Career Status Bonus (CSB) election be accepted.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant claims she was told not to turn in the signed  paperwork
until after her 15th year of active service (30 Nov 03).  She  doesn’t
recall an 18 Dec 04 [sic]  deadline.  She  indicates  that  since  her
paperwork was late, she should not be put  under  REDUX.  She  prefers
REDUX with the CSB, but if she cannot get the CSB, she wants to be put
back under High-3. [Note: As indicated in her notification  letter  at
Exhibit B, she was, and would  automatically  remain,  in  the  High-3
retirement plan unless she elected CSB/REDUX. Since her  CSB  election
form was late and subsequently disapproved, she never came under REDUX
but is still under the High-3 retirement plan.]

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The Military Retirement Reform Act (MRRA) of 1986, Public  Law  99-348
(popularly known as  REDUX),  was  enacted  for  members  who  entered
service after 31 Jul 86. Those individuals under MRRA (REDUX) received
retirement benefits of 40% at 20 years, unless the member  served  for
30 years, which is not possible on active duty without promotion.

Effective  1  Oct  99,  the  Fiscal   Year   2000   National   Defense
Authorization Act (FY00 NDAA), Public Law 106-65, changed the military
retirement system, giving those affected by the MRRA (REDUX) a  choice
of two retirement plans: High-3 (50% at 20
years), or REDUX (a CSB of $30,000 at the 15-year point and  only  40%
at 20 years, or 50% if 30 years are completed). Those individuals  who
first became members of a Uniformed Service on or after 1 Aug  86  are
placed under the High-3/50% retired plan, unless they elect to receive
a $30,000 one-time lump-sum CSB on or about their 15th year of  active
duty service. A  member’s  eligibility  for  the  CSB  hinges  on  the
member’s Date of Initial Entry into Military  Service/Uniform  Service
(DIEMS/DIEUS) [Note: DIEMS is now known as DIEUS]. Also,  CSB-eligible
members agree to remain on active duty  through  20  years  of  active
service and to have retired pay computed under the provisions  of  the
1986 MRRA (REDUX).

Members, like the applicant, who are eligible for the CSB (their DIEUS
is on or after 1 Aug 86) are  notified  they  may  make  a  choice  of
retiring under REDUX (40% at 20 years plus the CSB)  or  under  High-3
(50% at 20 years). A  member  must  submit  the  prescribed  CSB/REDUX
election form  and  any  other  required  forms  as  directed  in  the
eligibility notification no later than six months after they  received
eligibility notification, or the date they reach their  15th  year  of
active service, whichever comes later. If  a  member  does  not  elect
REDUX in the  prescribed  time,  the  member  will  automatically  and
irrevocably remain under the High-3/50% retirement plan.

The applicant’s 15th year of active service was 30 Nov 93.  On  12 Jun
03, a “Notification of Career  Status  Bonus  Redux  Eligibility”  was
forwarded to the applicant notifying her that she was eligible to make
a choice between retaining the High-3/50% plan she was currently in or
opting for the CSB. A copy of the notification is provided at  Exhibit
B. On 18 Jun 03, the applicant acknowledged by signature  and  initial
that she had been notified of her  eligibility,  that  she  had  until
18 Dec 03 to make her selection, that she had received her fact  sheet
on CSB,  and  had  been  briefed  on  the  availability  of  financial
counseling.

On 8 Jan 04, after the suspense date  of  18  Dec  03,  the  applicant
submitted a DD Form 2839 electing to receive the $30,000  CSB  in  one
lump sum.  However, HQ AFPC/DPPRR disapproved the request because  the
election  was  submitted  after  the  applicant’s  six-month  suspense
window.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRR recommends the applicant’s request be denied because her
window of opportunity was past the suspense date and she is no  longer
eligible for this program. Her submission was handled properly.

A complete copy of the evaluation, with attachment, is at Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 30 Apr 04 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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  to  warrant  accepting   the
applicant’s delayed CSB election. The deadline for  her  CSB  election
was 18 Dec 03, which the applicant acknowledged with her  initials  on
her 30  Apr  03  election  form.   Since  she  passed  her  window  of
opportunity, of which she was correctly  advised,  she  is  no  longer
eligible for the CSB/REDUX program. We also note the applicant appears
to believe she is under REDUX, but without the CSB, and she  asks  “to
be put back  to  HIGH-3”  if  her  bonus  election  is  not  accepted.
However, if she will examine the copy of her  notification  letter  at
Exhibit B, she will realize she was, and  automatically  remained,  in
the High-3 retirement plan unless she elected CSB/REDUX. Since her CSB
election form was late and subsequently disapproved,  she  never  came
under REDUX  but  is  still  under  the  High-3  retirement  plan.  We
therefore agree with the recommendations of the Air  Force  and  adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has not sustained her burden of having  suffered  either  an
error or an injustice. In view of  the  above  and  absent  persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 15 June 2004, under the  provisions  of  AFI  36-
2603:

                  Mr. John L. Robuck, Panel Chair
                  Mr. James E. Short, Member
                  Mr. Albert C. Ellett, Member

The following documentary evidence relating to AFBCMR Docket  No.  BC-
2004-01275 was considered:

   Exhibit A.  DD Form 149, dated 12 Apr 04, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPRR, dated 23 Apr 04, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 30 Apr 04.




                                   JOHN L. ROBUCK
                                   Panel Chair