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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