RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02062
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 1 JANUARY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reconsidered and approved for the Career Status Bonus (CSB) and
payment be made in one lump sum versus two.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was denied the CSB because he was past the 15-year point. He neither
was aware nor was he informed of a required time-frame. His commander and
support staff failed to notify him that he had to make a choice at or
before the 15-year point. He feels his request should be reconsidered and
approved based not only on the fact that he was not notified of the time
requirement but also because this bonus was not intended as a retention
tool, but as a quality of life issue.
In support of his appeal, applicant provides a personal statement, copies
of an Information Paper on CSB, his CSB election form and his Leave and
Earning Statement for the period 1-31 July 2004. The applicant’s
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Effective 1 Oct 99, the Fiscal Year 2000 National Defense Authorization Act
(FY00 NDAA), Public Law 106-65, changed the military retirement system,
giving those affected by the MRRA (REDUX) a choice of two retirement plans:
High-3 (50% at 20 years), or REDUX (a CSB of $30,000 at the 15-year point
and only 40% at 20 years, or 50% if 30 years are completed). Those
individuals who first became members of a Uniformed Service on or after 1
Aug 86 are placed under the High-3/50% retired plan, unless they elect to
receive a $30,000 one-time lump-sum CSB on or about their 15th year of
active duty service. A member’s eligibility for the CSB hinges on the
member’s Date of Initial Entry into Military Service/Uniform Service
(DIEMS/DIEUS). Also, CSB-eligible members agree to remain on active duty
through 20 years of active service and to have retired pay computed under
the provisions of the 1986 MRRA (REDUX).
Members, like the applicant, who are eligible for the CSB (their DIEUS is
on or after 1 Aug 86) are notified 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.
On 15 October 1987, the applicant enlisted in the Regular Air Force. His
DIEMS date was established as 12 June 1987. He has served on continuous
active duty, and is currently serving in the grade of technical sergeant as
NCOIC, financial analysis. The applicant’s 15th year of active service was
15 October 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRR recommends the application be denied. 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. DPPRR states the MPF
handled the applicant’s submission properly. Information and criteria for
this program is available through many sources to include, but not limited
to the MPF, DoD and AFPC websites, and Base Career advisories. The DPPRR
evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that when he was briefed on CSB no time frame was
mentioned. The only requirement briefed to him was that once he made an
election it was final. For this reason, he took time in making an election
to ensure it was the right choice. He has done what he considers
reasonable steps in obtaining information on CSB. Applicant’s letter, with
attachments, is at Exhibit D.
_________________________________________________________________
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 an injustice. After a thorough review of the evidence
presented, it appears the applicant was not properly informed by Military
Personnel Flight (MPF) representatives regarding the time requirement in
electing the Career Status Bonus (CSB). The applicant states, and we
believe, that because the applicant was unaware of the timeline to elect
CSB, the applicant’s window of opportunity expired. In view of the
foregoing, we believe any doubt in this matter should be resolved in his
favor. However, we do not believe favorable consideration of the
applicant’s request to receive a lump sum is appropriate since his original
option of payment was in the form of two annual payments. Accordingly, we
recommend that his records be corrected as indicated below.
_________________________________________________________________
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 April 2002, competent
authority approved his election to receive the Career Status Bonus in two
annual payments of $15,000.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 31 January 2006, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Charlie E. Williams, Jr, Member
Mr. Vance E. Lineberger, Member
All members voted to correct the record AFBCMR Docket Number BC-2005-02062
as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jun 05, w/atchs.
Exhibit B. Letter, AFPC/DPPRR, dated 11 Jul 05.
Exhibit C. Letter, SAF/MRBR, dated 15 Jul 05.
Exhibit D. Letter, Applicant, dated 22 Jul 05, w/atchs.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-2005-02062
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 xxxxxxxxxxxxxxxxx be corrected to show that on 15 April 2002,
competent authority approved his election to receive the Career Status
Bonus in two annual payments of $15,000.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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