RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01814
            INDEX CODE:  128.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he declined the Career Status Bonus  (CSB),
he be provided the opportunity to repay the bonus,  and  he  remain  in  the
High 3 Retirement Plan.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He expressed to CSS personnel who were  completing  his  paperwork  (DD Form
2839, Career Status Bonus (CSB) Election) that he wanted to elect the  High-
3  retirement  plan.   The  CSS  personnel  acknowledged  his  request   and
instructed him to sign where she pointed her finger.   He  did  not  realize
she had him sign in the wrong section.  He noticed  in  June  2007  what  he
thought was a typographical error on his Leave and Earnings Statement  (LES)
that changed his retirement plan from CHOICE to  REDUX.   He  contacted  his
local finance office three times to correct the error.  He was  referred  to
the  Air  Force  Personnel  Center  (AFPC)  and  the   Retirements   section
determined the DD Form 2839 was a matter of record.

He never received the CSB  upon  his  15th  year  in  service,  nor  was  he
expected to.  If he had received a CSB - that would have  alerted  him  that
something was wrong and he would have immediately contacted finance to  have
the CSB returned and records corrected on the spot.  Now six years later,  a
CSB is being forced upon him that he does not want.  He  was  informed  that
he has to accept the CSB at his 21 year mark.  He finds this very  egregious
and unacceptable.  He is looking forward to  the  full  50%  retirement  pay
(High-3) and had calculated and based his family’s future finances on  that.
 The format has changed on the new DD Form 2839 printed September 2002.   If
he had been administered the new form to sign,  the  error  would  not  have
happened of signing in the wrong block by  the  military  member(s)  because
you have to check a box detailing how you want the CSB payment to be made.





In support of his request, the applicant provided a personal  statement,  DD
Form 2839, copies of email communique, and copies of his LESs.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 18 February 1988, the applicant enlisted in the Regular  Air  Force.   He
continued to reenlist contracting his last enlistment on 29 June 2005 for  a
period of four years.  He is  currently  serving  in  the  grade  of  master
sergeant, having assumed that grade effective and with a date of rank  of  1
September 2006.

On 5 August 2002, the applicant signed a  DD  Form  2839  in  Section  IV  -
Eligible and Electing to Receive the Career Status Bonus.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states the applicant  was  notified  of
his eligibility window in a timely manner.   The  applicant’s  Total  Active
Federal Military Service Date (TAFMSD) is  18  February  1988,  which  would
have made him eligible to receive the bonus on 18  February  2003.   He  was
notified on 5 August 2002, then went to sign the DD Form 2839.   His  normal
time period for payment would have been between  the  dates  of  18 February
2003 and 18 February 2004.

On 28 April 2008, DPSOR received an email from the  applicant’s  unit  which
indicated he had not received the CSB payment, and the applicant  wanted  to
know if he could remain in the High-3 retirement plan.  DPSOR  reviewed  his
electronic personnel record and located the DD Form  2839,  dated  8  August
2002, which indicated he elected to take the CSB payment.   DPSOR  contacted
the CSB liaison at DFAS,  who  determined  the  applicant  did  not  receive
payment of the bonus.  Since the election was a  matter  of  record,  action
was initiated and payment made to the applicant within a few days.

The applicant should have received  payment  at  approximately  15-years  of
service; however, it appears the Military Personnel Element  overlooked  the
election and failed to initiate payment through the Case  Management  System
(CMS) in a timely manner.  He indicated that he was unaware of his  election
until he noticed a change in the coding on his LES in June 2007.




A review of the DD Form 2839, Section IV,  which  the  applicant  signed  is
clearly titled “SECTION IV – ELIGIBLE AND ELECTING  TO  RECEIVE  THE  CAREER
STATUS BONUS.  Complete this section  only  if  you  are  eligible  and  you
desire to elect to receive the Career Status Bonus…”  Block 12 of the  form,
which immediately  follows  the  title  of  Section  IV,  includes  detailed
information  on  the  election  process  and  its  impact  on  the  member’s
retirement plan.  In Block 12, it also indicates “…that  once  the  election
is effective it may not  be  revoked…”  and  that  the  member  acknowledged
receiving “…the Fact Sheet of Information for Eligible Career  Status  Bonus
members, explaining the details and effects of making this decision.”

The applicant believes that since he did  not  seek  payment  earlier,  this
should confirm his claim that he  did  not  elect  the  bonus;  however,  no
evidence  was  provided  to  indicate  he  was  miscounseled  by   the   CSS
representative or that he never sought payment previously.

He also believes that the version of the DD Form 2839,  published  September
2002, is clearer and if he had signed the new version, the error  would  not
have occurred.  The changes made to the  CSB  election  form  were  not  the
result of confusing wording, but  due  to  program  revision  regarding  CSB
payment options.  In fact, the title of Section IV remained the same on  the
revised form.  Further, the September 2002 version was published  after  the
applicant made his CSB election.

The applicant also is concerned that the CSB  payment  is  being  forced  on
him; however, his CSB election has been part of his record since  May  2003.
There is no provision for the applicant to change  his  election  after  the
effective date, even if the payment was not made in a timely  manner.   DFAS
has remedied the non-payment and the applicant has access to the funds  even
though he attempted to refuse receipt.

Other members often change their  minds  for  a  variety  of  reasons  after
making the CSB election; however, since the election is  irrevocable,  these
members are held to their decisions.   In  order  to  support  a  change  of
election, DPSOR requires clear documentation to indicate  the  CSS  official
miscounseled the member or that action  was  taken  prior  to  the  member’s
election effective  date  to  initiate  a  change.   No  such  evidence  was
provided.

The complete DPSOR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states he signed the DD Form  2839
on 8 August 2002.  He did not receive a CSB payment.   His  LES  changed  to
REDUX retirement plan in June 2007 after serving 19 years and 4 months.   He
immediately tried to resolve the  retirement  plan  error  with  local  base
agencies and was led to AFPC on 24 April 2008.  DFAS was ordered by AFPC  to
pay the bonus six years after the misguided signing of  the  DD  Form  2839.
To this day he is refusing to accept the CSB payment.  He never  asked  AFPC
if he could remain in the High-3 retirement plan because he believed he  was
already in it.  He clearly stated that he believed he elected  High-3  until
AFPC notified him of the error in April 2008.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice.  The majority of the  Board  is  of  the
opinion that based on the available evidence of record, it appears that  the
applicant  has  established  reasonable  doubt  as   to   whether   he   was
miscounseled when  completing  the  DD  Form  2839.   With  the  appropriate
counseling the Board majority believes that he would  have  elected  not  to
receive the CSB.  The majority of the Board  believes  that  any  reasonable
doubt in this matter should  be  resolved  in  his  favor.   Therefore,  the
majority of the Board recommends  his  records  be  corrected  as  indicated
below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 8 August 2002, he elected  not  to
receive the Career Status Bonus.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 14 August 2008, under the provisions of AFI 36-2603:

                 Ms. B.J. White-Olson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Teri G. Spoutz, Member

By a majority vote,  the  Board  recommended  to  correct  the  records,  as
recommended.  Ms. Hassan voted to deny the applicant’s request but does  not
desire to submit a minority report.  The following documentary evidence  was
considered pertaining to AFBCMR Docket Number BC-2008-01814:

   Exhibit A.  DD Form 149, dated 9 May 2008, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOR, dated 10 June 2008.
   Exhibit D.  Letter, SAF/MRBR, dated 27 June 2008.
   Exhibit E.  Letter, Applicant, dated 7 July 2008, w/atchs.




                       B.J. WHITE-OLSON
                       Panel Chair





AFBCMR BC-2008-01814




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 XXX, be corrected to show that on 8 August 2002, he elected not
to receive the Career Status Bonus.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency