RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03206
INDEX CODE: 128.05
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be considered for the Career Status Bonus (CSB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was never offered the CSB at the 15 year point.
In support of his request, the applicant submits copies of his CSB Election
form and his Notification of CSB Redux Eligibility memorandum.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 14 Jan 93, the applicant enlisted in the Regular Air Force. He was
progressively promoted to the grade of technical sergeant having assumed
that grade effective and with a date of rank of 1 Nov 05.
On 20 Apr 09, an Informal Physical Evaluation Board (IPEB) found the
applicant unfit and recommended his discharge with severance disability pay
with a disability rating of 20 percent for bilateral knee pain due to
osteoarthritis. The applicant agreed with the findings and recommended
disposition of the IPEB and waived his right to a formal hearing.
On 20 May 09, he requested an early discharge by 29 Jul 09 and on 1 Jul 09,
he was honorably discharged in the grade of technical sergeant for
disability with severance pay. He served 16 years, 6 months and 16 days on
active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letters prepared by
the appropriate office of the Air Force at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOR recommends denial. DPSOR states the applicant’s Total Active
Federal Military Service Date (TAFMSD) is 14 Jan 93. He obtained 15 years
of TAFMS on 14 Jan 08. He alleges he was not notified of his eligibility
to elect the CSB prior to being notified of a medical discharge action in
May 09.
DPSOR states it is the responsibility of the commander or Military
Personnel Section (MPS) to notify each member of their CSB eligibility
within the required timeframe. Notification should occur at approximately
14 ½ years of TAFMS. Members must have six months from notification to
make an election on accepting the CSB.
DPSOR notes during the CSB election process, the unit commander reviews the
member’s record and makes a determination of eligibility. The commander
must review the member’s likelihood in attaining the required 20 years of
service in exchange for the CSB payment. If a member is separated or
retired as a result of a physical disability, recoupment of the CSB is
waived.
On 1 Jun 09, the applicant and his commander signed a DD Form 2839, Career
Status Bonus (CSB) Election form whereby his commander attested to the
applicant’s ability to continue to serve. The applicant signed item 12,
which indicated he agreed to remain on active duty for a minimum of 20
years of service, well after accepting the medical evaluation board
findings. DPSOR opines the member and his commander clearly initiated the
CSB election knowing the applicant was facing medical discharge action and
there was no way he could complete 20 years of active service.
DPSOR states a waiver of CSB recoupment is intended to protect members who,
in good faith, execute the CSB election believing they would serve up to 20
years and are later found to be medically unfit. In this case, the member
clearly knew he could not fulfill his part of the CSB agreement when he
initiated the payment request.
The complete DPSOR evaluation, with attachments, is at Exhibit C.
HQ AFPC/DPSD recommends denial. DPSD states the preponderance of evidence
reflects no error or injustice occurred during the disability process or at
the time of separation.
The complete DPSD evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 12
Mar 10, for review and comment within 30 days. As of this date, this
office has received no response (Exhibit E).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was time filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. Evidence has not been provided which
would lead us to believe that the rules of the applicable instructions were
inappropriately applied in this case or that he was denied rights and
benefits to which he was entitled. Therefore, we agree with the opinion
and recommendation of the Air Force offices of primary responsibility and
adopt their rationale as the basis for our conclusion that he has failed to
sustain his burden of proof of the existence of either an error or
injustice. In the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_______________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that 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 this application in Executive
Session on 10 Jun 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-2009-03206:
Exhibit A. DD Form 149, dated 26 Aug 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOR, dated 15 Feb 10, w/atchs.
Exhibit D. Letter, HQ AFPC/DPSD, dated 23 Feb 10.
Exhibit E. Letter, SAF/MRBR, dated 12 Mar 10.
Panel Chair
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