| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Roger W. Able | Member |
2. The applicant requests that the Career Status Bonus (CSB) Election (DD Form 2839) be removed from her Official Military Personnel File (OMPF).
3. The applicant states that she was not eligible for the CSB at the time the request was submitted. All documents should have been returned. She will not be eligible until May 2003.
4. The applicant’s military records show that on 21 April 1988, while then a member of the 395th Military Police Detachment, a Reserve Component unit in Lexington, Kentucky, she requested enlistment in the Regular Army. On 2 November 1988 she enlisted in the Regular Army for 4 years in the rank of private first class and has remained on continuous active duty. Her enlistment document of 2 July 1992 shows that she had 1 year, 2 months, and 11 days of total inactive military service.
5. On 11 December 2001 the applicant completed the CSB Election, indicating that she was eligible and elected to receive the CSB. In completing this election, the applicant stated, "I understand that if I receive the CSB in error, I must repay the full before tax bonus amount." The eligibility requirements, as indicated on the election form, require a member to be on active duty, complete15 years of active duty service, have a DIEMS (the date an individual was initially enlisted, inducted or appointed in a Regular or Reserve Component of a uniformed service) of 1 August 1986 or later, and qualify under service regulations for retention to 20 years of active duty service.
6. Her DIEMS, as shown on that form, is 1 March 1987; the date of notification, 28 November 2001; the date of determination, 2 January 2002. She signed the form electing to receive the bonus on 11 December 2001.
7. U.S.C. 37, Section 322, provides for a 15-year career status bonus for members entering the service on or after 1 August 1986. It defines eligibility requirements for the bonus, which include – first becoming a member of a uniformed service serving on active duty on or after 1 August 1986, and completing 15 years of active duty (or has received notification not later than 180 days before the date on which the member will complete 15 years of active duty). The bonus is a single lump sum of $30,000.00.
CONCLUSIONS:
1. At the time of the applicant's election, she was not eligible for the CSB. She will not be eligible until this year (2003) for the CSB. The determination of her eligibility was more than likely erroneously made based on her DIEMS, not on her basic active service date, which would indicate her years of active service.
2. Accordingly, the Career Status Bonus Election (DA Form 2839) should be expunged from her OMPF. The election that she made on 11 December 2001 under the provisions of U.S.C. 37, Section 322, is null and void and of no force or effect.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That the Career Status Bonus (CSB) Election (DA Form 2839) be expunged from the applicant's OMPF. That election is null and void and of no force or effect.
BOARD VOTE:
__AAO__ __TAP __ __RWA__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__ Arthur A. Omartian_ ___
CHAIRPERSON
| CASE ID | AR2002081828 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030515 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 134.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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