Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-02216
Original file (BC-2005-02216.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02216
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 JANUARY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be provided the opportunity  to  elect  the  Career  Status  Bonus  (CSB)
option in respect to his future retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  not  provided  with  the  mandatory  notification  nor   the   unit
commander’s briefing for CSB as required by the  Military  Personnel  Flight
Memorandum (MPFM 01-10), attachment 1, section 2, Commander Support  Service
(CSS) Responsibilities.  In fact, at no time in his career has he ever  been
afforded the chance to apply for the CSB option.  At present,  he  has  been
informed that since he had already entered his 16th  year  of  Total  Active
Federal Military Service (TAFMS), he is permanently ineligible for the CSB.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 27 December 1988, the applicant enlisted in the Regular  Air  Force.   He
continued to reenlist contracting his last enlistment on 2 October 2002  for
a period of five years.  He is currently serving in the grade  of  technical
sergeant effective and with a date of rank (DOR) of 1 May 2001.

The applicant’s 14 years and 6 months of active duty  was  on  27 June  2002
with a 15-year point of active duty of 27 December 2002.



On 16 May 2005, the applicant made his election for the CSB.

On 23 May 2005, the applicant appealed his case for CSB  to  the  Air  Force
Personnel Center  (AFPC).   The  case  was  referred  to  HQ AFPC/DPPRC  for
review.  They concluded the applicant was not eligible for  CSB  because  it
was past his  16  years  of  Total  Active  Federal  Military  Service  Date
(TAFMSD).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRR  recommended  denial  indicating  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  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  duty
service.

Based on Air Force policy, the applicant’s window  of  opportunity  is  past
suspense and he is no longer eligible for this program.  The applicant  does
not provide any information whether he inquired to his  commander,  CSS,  or
servicing MPF regarding CSB eligibility at anytime in the  past  two  years.
AFPC handled the applicant’s submission properly.  Information and  criteria
for this program are available through many  sources  to  include,  but  not
limited to the MPF, DOD and AFPC websites, and Base Career Advisors.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 July 2005, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however,  the  Board  agrees  with  the  opinion  and  recommendation
provided by the Air Force and adopt its  rationale  as  the  basis  for  our
conclusions that the applicant has not been the victim of  either  an  error
or an injustice.  The Board notes if a member 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  not  eligible  for  the  CSB  program.   A
notification should be provided on or before the date a member completes  14
years and 6 months of active duty.  The applicant completed 14 years  and  6
months of active duty on 27 June  2002;  however,  the  applicant  made  his
election on 16 May 2005, thereby rendering him ineligible for  the  program.
The applicant provides no documentation to support his  contention  that  he
was not provided the mandatory notification  nor  the  commander’s  briefing
regarding CSB.  The Board further notes that information  and  criteria  for
the program are available through the MPF, DoD and AFPC websites,  and  Base
Career Advisors.  The applicant provided  no  evidence  which  indicates  he
inquired about his CSB  eligibility  at  anytime  in  the  past  two  years.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2005-
02216 in Executive Session on 14 September 2005,  under  the  provisions  of
AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Kathy L. Boockholdt, Member
                 Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 June 2005, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRR, dated 20 July 2005.
   Exhibit D.  Letter, SAF/MRBR, dated 29 July 2005.




                       KATHLEEN F. GRAHAM
                       Panel Chair


Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-0772

    Original file (BC-2006-0772.DOC) Auto-classification: Approved

    The applicant does not provide any information whether she inquired to her commander, Command Support Staff (CSS), or servicing Military Personnel Flight (MPF) regarding CSB eligibility at anytime in the past three years. DPPRR indicates if a member is not eligible or has not made an election for CSB by the 16th year of active service; the member remains in High-3/50% retirement plan and is no longer eligible for the CSB program. The CSB eligibility notification letter should have been...

  • AF | BCMR | CY2006 | BC-2005-02216

    Original file (BC-2005-02216.doc) Auto-classification: Denied

    AFPC/DPPRR has informally advised the Board that neither the applicant’s base nor AFPC were able to provide a copy of the CSB notification letter that was presumably provided to the applicant. _________________________________________________________________ DECISION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. A majority found that applicant had not provided sufficient evidence of error or injustice and...

  • AF | BCMR | CY2005 | BC-2005-01387

    Original file (BC-2005-01387.DOC) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: He was not notified that he was eligible for the CSB until after he served 16 years in the Air Force. The applicant does not provide information whether he inquired to his servicing military personnel flight (MPF) regarding CSB eligibility at anytime in the past two years. GREGORY H. PETKOFF Panel Chair AFBCMR BC-2005-01387 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the...

  • AF | BCMR | CY2004 | BC-2004-01897

    Original file (BC-2004-01897.DOC) Auto-classification: Denied

    The notification should be provided on or before the date a member completes 14 years and 6 months of active service. 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. _________________________________________________________________ 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.

  • AF | BCMR | CY2006 | BC-2006-00315

    Original file (BC-2006-00315.doc) Auto-classification: Approved

    Pursuant to an Air Force Board for Correction of Military Records (AFBCMR) staff inquiry to the Air Force Personnel Center (AFPC) requesting a copy of the CSB notification letter to the applicant - AFPC/DPPRR has indicated that they requested the applicant’s base to review the applicant’s records and provide them a copy of the CSB notification letter that was sent to the applicant; however, they were unable to provide a copy of the notification letter. ...

  • AF | BCMR | CY2004 | BC-2004-01308

    Original file (BC-2004-01308.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states he did not receive formal notification of his CSB election options. We are not persuaded that during the 18 month window he was eligible to render an election to accept or decline CSB, resources were not reasonably made available to the applicant that would made him aware of his eligibility to render a CSB election. ...

  • AF | BCMR | CY2006 | BC-2005-02062

    Original file (BC-2005-02062.doc) Auto-classification: Approved

    DPPRR states 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 High-3/50% retirement plan and is no longer eligible for this program. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states that when he was briefed on CSB no time frame was mentioned. After a thorough review of the evidence presented, it appears the applicant was not...

  • AF | BCMR | CY2004 | BC-2004-01272

    Original file (BC-2004-01272.DOC) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01272 INDEX CODE: 128.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be provided the opportunity to make a Career Status Bonus (CSB) election. In support of his request, applicant provided an email communiqué. MICHAEL K. GALLOGLY Panel Chair AFBCMR BC-2004-01272 MEMORANDUM FOR THE CHIEF OF...

  • AF | BCMR | CY2005 | BC-2004-03577

    Original file (BC-2004-03577.doc) Auto-classification: Approved

    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...

  • AF | BCMR | CY2004 | BC-2004-01122

    Original file (BC-2004-01122.DOC) Auto-classification: Denied

    On 16 May 02, the applicant was notified of his eligibility to make a CSB election. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant provided a response indicating his dispute is not with AFPC and how they handled his submission, but rather with the MPF not following appropriate guidance regarding the CSB, as well as their failure to contact him about the Air Staff’s guidance concerning installments options. The...