RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03393
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her official military records be updated with the following:
Remove the erroneous Career Status Bonus (CSB) notification
memorandum, dated 29 Jul 11;
Add an updated CSB notification memorandum retroactively dated
to when she would have first become eligible.
APPLICANT CONTENDS THAT:
She was improperly notified 15 Jun 11 that she was eligible for
her CSB. The erroneous memorandum prevented her from receiving
proper notification during the time she was actually eligible
and able to receive her election tax free since at the time, she
was serving in a combat zone.
She was told the Military Personnel Section (MPS) made a mistake
by not realizing she had a break in service. She was then
notified she would not be eligible until August 2014. On
4 Aug 14, she initiated contact with her current MPS and after
researching her situation, the MPS indicated she should have
received notice in June 2013.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force as a
Master Sergeant (MSgt/E-7).
On June 15, 2011, the applicant acknowledged notification of the
Mandatory Notification of CSB Program Memorandum.
Special Order TE-3082 deployed the applicant to Al Udeid, Qatar
on or about March 27, 2013 for approximately 180 days, during
which period the applicant should of be notified of her CSB
election.
The remaining relevant facts pertaining to this application are
described in the memoranda prepared by the Air Force offices of
primary responsibility (OPR), which are included at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends approval, indicating there is evidence of
an error or injustice. Because the applicant was given
incorrect information concerning the implication of a CSB
notification date made two years prior to her actual eligibility
window, DPSOR recommends her CSB election notification
memorandum dated 15 Jun 11 be removed from her records. In
additional, she should be allowed to accomplish a new CSB
notification and receive the election; if she chooses.
Based on the applicants Total Active Federal Military Service
Date (TAFMSD), 07 Jan 99, she should not have been notified of
the CSB until 7 July 2013; at her 14 ½ years of active service.
She submitted her signed notification memorandum on 15 Jun 11
due to the notification from the MPF. Upon receipt of notifying
the member of her ineligibility they never pulled the memorandum
from being filed into the Automated Records Management System
(ARMS).
If an enlisted member is serving in a combat zone or Qualified
Hazardous Duty Area (QHDA), all military pay for that month is
excluded from income for federal tax purposes so, if the CSB
election is effective while serving in a combat zone or QHDA,
and the enlisted member elects the lump sum payment, that
payment is non-taxable. If the enlisted member elects
installment payments, only the payment made while serving in the
HQDA is exempt from federal taxes.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 17 Oct 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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. We took
notice of the applicant's complete submission, including her
signed notification memorandum, deployment orders and deployment
flight plan, in judging the merits of the case and agree with
the opinion and recommendation of the Air Force office of
primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion the applicant has been the victim of an
error or injustice. Therefore, we recommend the applicant's
records be corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that:
a. The Mandatory Notification of Career Status Bonus (CSB)
Program memorandum dated June 15, 2011 be removed, and a new CSB
notification memorandum be issued dated July 7, 2013.
b. On July 7, 2013, the applicant executed a DD Form 2839,
Career Status Bonus Election, choosing her CSB, as to be
determined by the applicant, in Block 12a.
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03393 was considered:
Exhibit A. DD Form 149, dated 14 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 1 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 17 Oct 14.AF | BCMR | CY2012 | BC-2012-04915
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