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AF | BCMR | CY2006 | BC-2005-02062
Original file (BC-2005-02062.doc) Auto-classification: Approved

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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