IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110009803 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the date on his DD Form 2839 (Career Status Bonus (CSB) Election) be changed thereby allowing him to receive a CSB.  

2.  He states his CSB application was denied by the Defense Finance and Accounting Service (DFAS) due to the following reasons:

* the notification date should have read January 2011, not March 2010
* he was ineligible to reenlist as a 15-year non-promotable E-5 while deployed
* he received promotable status and reenlisted in December 2010

3.  He provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 3286 (Statements for Enlistment)
* DD Form 3340-R (Request for Reenlistment or Extension in the Regular Army)
* DD Form 2839
* DD Form 214 (Certificate of Release or Discharge from Active Duty)



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Marine Corps on 27 February 1995 and was discharged on 6 November 2006 after completing 11 years, 8 months, and 10 days of active military service during this period.  His DD Form 214 shows the effective date of pay grade to sergeant (SGT)/E-5 as 1 November 2001 and had completed 8 months and 26 days prior inactive service.  

2.  He enlisted in the Regular Army on 7 November 2006 for a period of 4 years in pay grade E-5.  

3.  He was deployed to Iraq on an unknown date.  A search of his Official Military Personnel File in the interactive Personnel Electronic Records Management System (iPERMS) revealed he was awarded the Army Commendation Medal (20 March 2007 to 15 June 2008) and Bronze Star Medal (17 October 2009 to 18 October 2010) for meritorious service in support of Operations Iraqi Freedom and New Dawn.  

4.  A DD Form 4 shows he reenlisted in the Regular Army for a period of 4 years on 28 December 2010.  At the time he had completed 15 years, 10 months, and 2 days of total active service.

5.  His DD Form 2839 shows in:

	a.  section I (Personal Identification):

* item 4 (DIEMS (Date Initially Entered Military Service)) – "19940601";
* item 6 (Date of Notification) – "20100301";

   b.  section II (Determination of Eligibility) that the service authenticating representative verified on 18 January 2011 that the applicant was eligible to elect the CSB;

   c.  section IV (Eligible and Electing to Receive the CSB), item 12, states, in pertinent part, "I elect to receive the Career Status Bonus payment,…My election is effective once received and accepted at the 15th year of service."  Block a (I Elect to Receive the CSB as follows) shows an "X" was placed item 1 "A Single Lump Payment of $30,000."  The applicant placed his signature in item 12b of this section with a date of 18 January 2011;
   
   
   
   d.  item 13 (Witness) that Lieutenant Colonel (LTC) N--- R. M-----, Battalion Commander, Division Special Troops Battalion (DSTB), 3rd Infantry Division, Fort Stewart, GA, placed her signature in this section with a date of 18 November 2010; and

   e.  section VI (Service Recording of Election - To be completed by Service Official after member makes an election to receive the bonus):

* item 16 (CSB Election Effective Date) is blank and
* item 17 (Recording Official) that LTC M-----, Battalion Commander, DSTB, 3rd Infantry Division, Fort Stewart, GA, placed her signature in this section with a date of 18 November “2011”

6.  In a 7 April 2011 letter, the Chief, Army Retirement Services, Office of the Deputy Chief of Staff G-1, informed the applicant:

	a.  the DD Form 2839 submitted to DFAS showed he elected to receive the CSB on 18 January 2011;

	b.  Army Regulation 600-8-7 (Retirement Services Program), Section IV clearly stated that eligible Soldiers have 6 months from the date of notification to decide to either remain under the High-3 retirement plan or elect CSB/REDUX [Reduced Retired];

	c.  the applicant was informed that if the date of election on his form was correct, his election was past the 6-month limit and was invalid;

	d.  the date witnessed and the date used for the recording official differed from each other and one of the dates had not occurred; and

	e.  although his request merited consideration and it appeared from his email response that he was clearly authorized the CSB, this office could not correct his record and he was referred to this Board.

7.  A copy of the 7 April 2011 letter from Chief, Army Retirement Services, Office of the Deputy Chief of Staff G-1 was forwarded to the applicant to allow him to provide comments or a rebuttal.  He responded on 11 November 2011.  He reiterated the issue that he had a case, but the Office of the Deputy Chief of Staff G-1 could not make the change.  He felt he was still qualified for the CSB and the error was through no fault of his own.  


8.  In the processing of this case, an advisory opinion was obtained from the Chief, Claims Branch, Directorate of Debt and Claims Management, DFAS, Indianapolis, IN.  That office recommended approval of the applicant's request.  The advisory opinion states:

   a.  the applicant was notified of entitlement to CSB/REDUX Pay Plan by receiving a DD Form 2839.  This form was issued on 1 March 2010 with a DIEMS date of 1 June 1994;
   
	b.  the applicant's date for determination of active duty service completed was listed as 27 February 1995;

	c.  the applicant's date of signature was 18 January 2011;

	d.  per Department of Defense Financial Management Regulation (DODFMR) notification letters would be sent on or shortly before the date individuals complete 14 years and 6 months of active duty.  If a member was not eligible, the notification would explain why not, and would inform the member whether, under exceptions established in guidance promulgated by the Secretary of the Military Department concerned, there would be an opportunity to make a CSB/REDUX election in the future, if the impediment to eligibility was subsequently eliminated; and 

	e.  it was the opinion of this office that the applicant's records be corrected to state that he was eligible for his CSB/REDUX effective at the time he was first informed of his eligibility and his reenlistment into the Army be adjusted accordingly.

9.  The advisory opinion was furnished to the applicant for his review and possible rebuttal.  He responded on 3 October 2011 and stated:

* he responded "no" in regard to the pending case concerning his CSB on whether he received notice prior to 2010
* he was deployed in 2009 when he first should have been notified and he brought the issue up to his unit's S-1
* he was told by the Noncommissioned Officer in Charge that he had to reenlist first in order to be eligible
* he could not reenlist due to issues within the unit until they returned
* his reenlistment occurred in December 2010
* the paperwork was completed in January 2011
* finance office instructed him to use the current date

10.  The Military Reform Act of 1986 created the REDUX retirement system.  It applied to all members who joined on or after 1 August 1986.  Section 641 of the National Defense Authorization Act (NDAA) for Fiscal Year 2000 (Public Law 106-65) amended this system.  The NDAA made two major changes:  (1) it allows those in this group to choose between the High-3 retirement system and the REDUX retirement system and (2) it added a $30,000.00 CSB as part of the REDUX retirement system.

11.  Army Regulation 600-8-7 prescribes policies governing military personnel retirement services.  Chapter 7 (CSB/REDUX Pay Plan) sets forth the tasks, rules, and steps for processing applications for Soldiers making a choice under the CSB/REDUX plan.

	a.  Paragraph 7-2 (Background) provides that Soldiers with a DIEMS on or after 1 August 1986 who are eligible under current Service regulations to serve continuously to 20 years must choose between the High-3 and the CSB/REDUX between 14 1/2 to 15 years of active duty, although retirement will not occur until the Soldier has completed 20 years of service.  The DIEMS pertains to the earliest date of enlistment, induction, or appointment in a Regular or Reserve Component of a Uniformed Service as a commissioned officer, warrant officer, or enlisted Soldier.  A DIEMS is rarely the same as a basic active service date and often earlier than a pay entry basic date.  The Soldier's basic active service date serves as the basis when calculating the 14 1/2 to 15 years of active duty.

	b.  Paragraph 7-3 (Rules for Processing Requests for a Choice under the Plan) provides that installation commanders are required to conduct monthly or individual CSB/REDUX briefings for eligible Soldiers once they complete 14 1/2 years of active duty to help them decide between the CSB/REDUX or High-3 retirement plans.  The options for CSB are:

* one payment of $30,000.00
* two annual installments of $15,000.00 each
* three annual installments of $10,000.00 each
* four annual installments of $7,500.00 each
* five annual installments of $6,000.00 each

	c.  Paragraph 7-4 outlines the steps required to process a Soldier's request to make a choice under the CSB/REDUX.

		(1)  Step 1 (Responsibility – Personnel Officer) – Provide eligible Soldier with written notification at 14 1/2 years of active duty.  Personnel will include procedures for electing the CSB and an explanation of the effect that electing the CSB will have on the computation of retired pay if and when the Soldier becomes eligible.

		(2)  Step 2 (Responsibility – Soldier) – Soldier has 6 months to decide to either remain under High-3 or elect CSB/REDUX.

		(3)  Step 3 (Responsibility – Personnel Officer) – A lieutenant colonel or the designated representative in the Soldier's chain of command must sign 
item 13 and item 17 of the DD Form 2839.  The same person must sign both blocks.

		(4)  Step 4 (Responsibility – Soldier) – Soldier gives completed DD Form 2839 to the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's DIEMS was 1 June 1994.  Therefore, he should have been notified of his entitlement to CSB/REDUX between 27 August 2009 (14 years and 6 months) and 27 February 2010         (15 years).  His service record is void of evidence which indicates he was notified during this period.  

2.  The evidence of record shows the applicant was notified of his eligibility of CSB on 1 March 2010.  

3.  The evidence confirms the applicant elected the CSB on 18 January 2011 with a one-time lump-sum payment of $30,000.00 after he was determined eligible for the bonus by the Army.  

4.  Evidence shows the applicant was eligible for the CSB.  Through no fault of the applicant, his CSB election form was not signed until 18 January 2011, which was one year past the 6-month limit.  Therefore, it would be equitable to correct his records to show he elected to receive the CSB in a timely manner.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 2839 to show he signed his DD Form 2839 in a timely manner and is therefore, fully entitled to receive the CSB in accordance with the terms of the CSB Election Form.



      ____________X__________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110009803





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ABCMR Record of Proceedings (cont)                                         AR20110009803



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