RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03577
                                        INDEX CODE 128.14
                                        COUNSEL: No

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His election for the $30,000 Career Status Bonus (CSB) be accepted.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His election was denied because it was received outside the  six-month
eligibility window.  He did not receive the  election  form  from  his
unit.  Of his own initiative, he elected to receive the CSB in August,
the month of his 15-year mark.  He was unaware  at  the  time  he  had
fallen out of the eligibility window and assumed his money was on  the
way.  He only found out from his unit on 8 Nov 04 that his  CSB  would
not be approved.  He indicates he was given a briefing about  election
choices three months before  August.   This  was  the  last  and  only
contact he received  on  the  subject  from  the  squadron.   When  he
approached his 15-year mark later in August,  he  became  worried  and
discovered the then temporary first sergeant had a stack  of  election
statements, including his.  He elected the CSB but the first  sergeant
said he would send them all off together as soon as he  got  one  more
signature.  He’s deployed, separated from his family, working 12  hour
shifts six days a week and is now advised he has  to  correct  someone
else’s mistake.

The applicant provides copies of email messages  showing  he  inquired
about  the  bonus  on  25  Oct  04.   His  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), affected 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.

The Fiscal Year 2000 National Defense Authorization Act  (FY00  NDAA),
Public  Law  106-65,   changed   the   military   retirement   system.
Specifically, the change places those persons who first become members
of a Uniformed Service on or after 1 Aug 86 (as  determined  by  their
Date  of  Initial  Entry   into   Military   Service/Uniform   Service
(DIEMS/DIEUS), under the High-3/50% retired plan unless they elect  to
receive a $30,000 one-time lump-sum bonus on or about the 15th year of
active duty service. To receive the CSB, a member agrees to remain  on
active duty through 20 years of active service and to have retired pay
computed under the provisions of the 1986 Military  Retirement  Reform
Act (MRRA), commonly known as  REDUX.  These  changes  were  effective
1 Oct 99. [Note: The DIEUS was formerly known as the DIEMS.]

The applicant’s DIEMS date is 21 Oct 88.

Examiner’s Note:  Members, like the applicant, whose DIEUS  is  on  or
after 1 Aug 85 and are eligible  for  the  CSB  are  notified  with  a
“Notification of Career Status Bonus REDUX Eligibility” that 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.

In response to the AFBCMR Staff’s inquiry, HQ AFPC/DPPRR  advised  via
email, dated 21 Jan 04, that they had attempted to obtain  a  copy  of
the eligibility Notification form but neither the  applicant  nor  his
military personnel flight (MPF) had a  copy.   According  to  DD  Form
2839, CSB Election, the applicant was notified on 17 Feb 04  that  his
DIEMS date made him eligible for the CSB and  he  had  to  submit  the
prescribed CSB/REDUX election form and any  other  required  forms  as
directed in the eligibility Notification  no  later  than  six  months
after receiving the  eligibility  Notification.   In  the  applicant’s
case, that was 17 Aug 04.  According to the DD Form 2839, he  did  not
make his CSB election for a single lump sum of  $30,000  until  30 Aug
04.  The service  recording  of  his  election  was  22 Sep  04.   His
election  was  disapproved  because  it  was   submitted   after   the
applicant’s six-month suspense window.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRR recommends disapproval.  Based on Air Force policy,  the
applicant’s window of opportunity is past and he is no longer eligible
for this program.  His submission was handled  properly.   Information
and criteria for this program is available through  many  sources,  to
include, but not limited to, DOD and AFPC  websites  and  Base  Career
Advisors.

A complete copy of the evaluation 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 29 Dec 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.    Sufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice  to  warrant  approving   the
applicant’s CSB election.  We cannot determine with certainty  whether
the applicant’s election was delayed as a result of his  own  inaction
or, as he alleges, tardy processing on the part of his  unit  and  the
temporary 1st sergeant.  We do not find it inconceivable  that  events
transpired as he contends.  Based on his emails, he  appears  to  have
exercised reasonable initiative in obtaining his bonus.  The applicant
was eligible for the CSB, appeared to have acted in  good  faith,  and
missed the deadline by only two weeks. We believe  a  rational  person
would act in his/her own best interests and any  doubt  in  this  case
should be resolved in the applicant’s favor.  We  therefore  recommend
his records be amended as indicated below so that he may  receive  the
CSB.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that,  on  15 August  2004,
competent authority approved his election to receive the Career Status
Bonus in a single lump sum payment of $30,000.00.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 15 February 2005 under the provisions of AFI  36-
2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Robert H. Altman, Member
                 Ms. Martha A. Maust, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2004-03577 was considered:

   Exhibit A.  DD Form 149, dated 11 Nov 04, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPRR, dated 22 Dec 04
   Exhibit C.  Letter, SAF/MRBR, dated 29 Dec 04.




                                   ROBERT S. BOYD
                                   Panel Chair




AFBCMR BC-2004-03577




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to       , be corrected to show that, on 15 August
2004, competent authority approved his election to receive the Career
Status Bonus in a single lump sum payment of $30,000.00.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency