RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00772
                                       INDEX CODE:  128.05
XXXXXXXXXXXXXXXX                  COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 September 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be changed to show she elected the Career Status Bonus (CSB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was never notified of the opportunity to accept the CSB.  She relied  on
the system to notify and brief her on the program.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on active duty in  the  grade  of  master
sergeant with a date of rank of 1 May 2005.  She has a Total Active  Federal
Military Service Date of 14 March 1989 and a projected  date  of  separation
of 20 July 2008.

The applicant’s 14 years and 6 months of active  duty  was  on  14 September
2003 with a 15-year point of active duty of 14 March 2004.

In accordance with Public Law 106-65,  effective  5  October  1999,  changes
were made to the retired pay system.  Service members who initially  entered
the uniformed service on or after 1 August  1986  were  given  a  choice  of
retirement plans at their 15th year of service.  Their two options  were  to
take the pre-1986 retirement system (High-3 System) or elect  to  receive  a
one-time lump-sum Career Status Bonus (CSB) of $30,000.00  at  15  years  of
service in exchange for length-of-service retired  pay  computed  under  the
post-1986 retirement system (the Military Retirement  Reform  Act  of  1986,
commonly known as REDUX).   This  option  is  referred  to  jointly  as  the
CSB/REDUX option.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRR recommends the applicant’s request be denied.  DPPRR states  that
based on Air Force policy, the applicant’s window  of  opportunity  is  past
and she is no longer eligible for this  program.   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.   AFPC  handled  the
applicant’s case 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.

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
applicant’s CSS received the Individual Notification Memorandum  on  her  14
years and 6 months  of  active  duty  which  was  14  September  2003.   The
applicant had six months from the time of notification to make  an  election
which took her to the 15-year point of active duty  (14  March  2004).   The
applicant reached 16 years of active duty on 14 March 2005.   The  applicant
indicates  she  was  focusing   on   promotion   and   preparing   for   the
Noncommissioned Officer Academy (NCOA) rather than CSB.

The DPPRR evaluation is at Exhibit C.

AFPC/JA recommends granting the relief requested in  this  application.   JA
disagrees with the Air Force’s interpretation of CSB policies  –  especially
as it implies the  onus  was  upon  the  applicant  to  request  information
regarding her eligibility and election options under the  CSB  program.   It
is  JAA’s  opinion  the  applicant’s  unit  did  not  properly  follow   the
notification procedures established in Military Personnel Flight  Memorandum
(MPFM) 02-08 when she became eligible for CSB.

The MPFM clearly requires squadron commanders and  CSS  to  formally  notify
members of  their  overall  eligibility  for  the  CSB  and  their  election
deadlines, as well as tracking and filing  the  appropriate  forms  used  in
this program.  The CSS initially receives  a  notification  memorandum  from
the Air Force Personnel Center (AFPC) when each qualified member reaches  14
years and  5  months  of  active  service.   After  the  squadron  commander
determines if factors exist that would otherwise disqualify the member  from
the program, the CSS must notify the member of his or  her  eligibility  via
DD Form  2839,  Career  Status  Bonus  (CSB)  Election,  and  an  Individual
Notification Memo within 5 duty days.  At that  time,  the  CSS  must  brief
each member that the DD Form 2839 must be  returned  by  the  suspense  date
indicated on the Individual Notification memo (normally the day  before  the
member’s 15 year anniversary on active duty).  If the member fails  to  make
his or her election in the prescribed time period, the CSS must  annotate  “
No submission was made by established suspense date” on their  copy  of  the
DD Form 2839.  Once the member’s CSB decision is made – including  a  waiver
of the bonus by failing to meet  the  deadline  established  in  the  formal
notification – the CSS must update the member’s personnel records  and  file
copies of his or her DD Form 2839 in her Unit Personnel Record Group  (UPRG)
and with HQ AFPC.

In this case, the absence of the DD Form 2839 from the applicant’s UPRG  and
records maintained by  HQ  AFPC  overcomes  the  presumption  that  she  was
properly afforded the opportunity to accept the  CSB  prior  to  serving  15
years on active duty.  It is JAA’s opinion, the applicant’s  unit  committed
an error when, as a result of  their  apparent  inaction,  they  effectively
denied her the chance to accept the CSB.

The JAA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  26
May 2006, for review and comment within 30 days (Exhibit  E).   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 an error or injustice.  In this respect,  we  note  that  in
accordance with Public Law 106-65, effective 5 October 1999, changes were
made to the retired pay system.  Service members  who  initially  entered
the uniformed service on or after 1 August 1986 were given  a  choice  of
retirement plans at their 15th year of service - CSB/REDUX  option.   The
applicant’s Date Initially Entered Military Service  (DIEMS)  date  is  9
April 1988, which makes her eligible for the CSB.   The  CSB  eligibility
notification letter should have been provided  to  the  applicant  on  or
before the date she completed 14  years  and  6  months  of  active  duty
service.  In the applicant’s case this was on  14  September  2003.   The
applicant contends that she was never informed in writing or verbally  of
the CSB.  The Board notes that AFPC/JA has indicated that the applicant’s
base and AFPC were unable to provide  a  copy  of  the  CSB  notification
letter that  was  supposed  to  have  been  provided  to  the  applicant.
Therefore, the Board is of the  opinion  that  the  applicant  was  never
notified of the CSB.  In view of the above findings and in an  effort  to
offset any possibility of an  injustice,  we  recommend  the  applicant’s
records be corrected to the extent 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 13 March 2004, she executed  a  DD
Form 2839, Career Status Bonus (CSB) election, electing to receive a  single
lump sum payment of thirty thousand dollars ($30,000),  effective  14  March
2004.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 July 2006, under the provisions of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Mr. Elwood C. Lewis, III, Member
      Ms. Janet I. Hassan, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2006-00772 was considered:

     Exhibit A.  DD Form 149, dated 6 Mar 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRR, dated 24 Mar 06.
     Exhibit D.  Letter, AFPC/JA, dated 23 May 06.
     Exhibit E.  Letter, SAF/MRBR, dated 26 May 06.




                                  JAMES W. RUSSELL, III
                                  Panel Chair


AFBCMR BC-2006-00772




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 XXXXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that on 13
March 2004, she executed a DD Form 2839, Career Status Bonus (CSB)
election, electing to receive a single lump sum payment of thirty thousand
dollars ($30,000), effective 14 March 2004.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency