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AF | BCMR | CY2004 | BC-2004-01561
Original file (BC-2004-01561.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01561
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  his  eligibility  to  elect  the
Career Status Bonus (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was notified of his eligibility to make an election for the CSB  on
9 Sep 03.  His orderly room had personnel changes  which  resulted  in
his not getting notified until 1 Apr 04 that he  needed  to  make  his
decision.  At that point, he had exceeded the six-month requirement to
make his decision.  He understands he was ultimately  responsible  for
his failure to make an election, but he requests another opportunity.

In  support  of  his  appeal,  the  applicant  provided  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 04.   His
Total Active Federal Military Service Date (TAFMSD) is 13 Dec 88.

On 9 Sep 03, the applicant was notified of his eligibility to  make  a
CSB election.

On 1 Apr 04, the applicant signed a DD Form 2839, Career Status  Bonus
(CSB) Election, indicating he elected to receive the CSB in a lump sum
payment of $30,000.

_________________________________________________________________

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.   Based  on  Air
Force policy, the  applicant’s  window  of  opportunity  is  past  the
suspense and he is no longer eligible for this program.   Furthermore,
he acknowledged he understood he had until Mar 04 to make his election
and  return  the  required  form.   In  their  view,  the  applicant’s
submission was handled properly.

A complete copy of the AFPC/DPPRR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a response pointing out several factors he believes
should be considered before a decision is made in his case, as well as
the impact the decision would have on him, his family, and his career.


Applicant’s complete response, with attachment, is at Exhibit E.

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.   However,  we  do  not  find  the  applicant’s  uncorroborated
assertions and the documentation provided in  support  of  his  appeal
sufficiently persuasive to override the rationale provided by the  Air
Force office of primary responsibility (OPR).  The evidence of  record
indicates the applicant was notified of his eligibility to make a  CSB
election  on  9 Sep 03,  with  a  six-month  suspense  to  submit  the
prescribed CSB election form.  However, the applicant did  not  submit
the required form until he had passed his window of  eligibility.   He
contends that personnel changes in his orderly room  resulted  in  his
not being notified  until  after  the  six-month  suspense.   After  a
thorough review of the  facts  and  circumstances  of  this  case,  no
evidence has been presented which has shown to our  satisfaction  that
the applicant’s failure  to  submit  his  election  form  was  due  to
circumstances beyond his own control.  In this respect, we note  after
being notified of his eligibility to make a CSB election on 9 Sep  03,
the applicant acknowledged he understood he had until Mar 04  to  make
his election and return the required form.  Furthermore, the applicant
indicates he understood he was ultimately responsible for his  failure
to make an election.  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.  Notwithstanding the above, if  the
applicant were to provide documentation supporting his assertions that
personnel changes in his orderly room impacted his opportunity to make
a decision regarding the CSB prior to the six-month suspense, we would
be inclined to reconsider his appeal.

_________________________________________________________________

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-
2004-01561 in Executive Session on 14 Jul 04, under the provisions  of
AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. Michael J. Novel, Member
      Mr. Robert S. Boyd, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRR, dated 25 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.
    Exhibit E.  Letter, applicant, dated 12 Jun 04, w/atch.




                                   OLGA M. CRERAR
                                   Panel Chair

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