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AF | BCMR | CY2004 | BC-2004-01897
Original file (BC-2004-01897.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01897
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The declination code be removed and he be allowed to elect the  Career
Status Bonus (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was under the impression he could select whatever  retirement  plan
he wanted anytime after his  15-year  point  but  before  20 years  of
active service.

In support of his appeal, the applicant provided an electronic mail (e-
mail) document.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
first lieutenant having been promoted to that grade on 24 May 04.  His
Total Active Federal Military Service Date (TAFMSD) is 17 Feb 88.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRR recommended denial noting that if a member  does  not  have
eligibility or has not made an election for CSB by the  16th  year  of
active service, the member will remain in  the  High-3/50%  retirement
plan and is no longer eligible for  this  program.   The  notification
should be provided on or before the date a member completes  14  years
and 6 months of active service.  The applicant’s 14 years and 6 months
of active service was 17 Aug 02 with a 15-year point of active service
of 17 Feb 03.

AFPC/DPPRR indicated that based on Air Force policy,  the  applicant’s
window of opportunity is past suspense and he is  no  longer  eligible
for  this  program.   The  declination  code  was   updated   with   a
Notification Date of 17 Jul 02.  There were no supporting documents to
support the declination.  However, the applicant still failed to apply
for the CSB within the required timeframe.  He also  did  not  provide
any information showing he inquired of his Military  Personnel  Flight
(MPF) regarding his CSB eligibility at anytime in the past two  years.
According to AFPC/DPPRR, information and criteria for this program are
available through  many  sources.   In  their  view,  the  applicant’s
submission was handled properly.

A complete copy of the DPPRR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 9 Jul
04 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit C).

_________________________________________________________________

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).   It  appears   the
applicant failed to apply for the CSB within the  required  timeframe.
He contends he was under the impression he  could  make  a  retirement
selection at anytime after he reached 15 years of active service,  but
before he reached 20  years  of  active  service.   However,  after  a
thorough review of the facts and circumstances in this case, we are of
the opinion the applicant failed in his responsibility to exercise due
diligence concerning this matter.  In view of the  foregoing,  and  in
the absence of sufficient evidence he was the victim of miscounseling,
or was treated differently from  similarly  situated  individuals,  we
agree with the recommendation of the OPR and adopt their rationale  as
the basis for our decision that the applicant has  failed  to  sustain
his burden of establishing he has  suffered  either  an  error  or  an
injustice.  Accordingly, 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-
2004-01897 in Executive Session on 19 Aug 04, under the provisions  of
AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Ms. Jean A. Reynolds, Member
      Ms. Beth M. McCormick, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jun 04, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRR, dated 28 Jun 04.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Jul 04.




                                   WAYNE R. GRACIE
                                   Panel Chair



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