AR20160005301

IN THE CASE OF:

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20160005301

BOARD VOTE:

_____X____ ___X____ ____X____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20160005301

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 removing the DDForm2839 from his Official Military Personnel File.

_____________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.

IN THE CASE OF:

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20160005301

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 removal of a DDForm2839 (Career Status Bonus (CSB) Election Form) from his Official Military Personnel File (OMPF).

2. The applicant states:

* a DDForm2839 which he never submitted or received was uploaded to his OMPF
* he discovered the error about 3years ago during an in-depth records review
* in 2009 he was debating about requesting a CSB at his 15thyear of service, but in the end decided not to request it
* the retention sergeantmajor at FortPolk, LA, who was helping him knew he changed his mind about the CSB and destroyed the paperwork with him
* he is not sure how or why it was uploaded into his records at a later date
* he has no other proof aside from possibly contacting the finance office to prove he never submitted the form or received any money
* he has tried several times through his unit personnel office to get this document removed from his records with absolutely no guidance or help
* only recently was he directed to Army Board for Correction of Military Records to request its removal

3. The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Illinois Army National Guard on 19December 1992 and enlisted in the Regular Army on 11August 1994. The 15thanniversary of his date of initial entry into military service (DIEMS) was 19December 2007. He is currently serving in the Regular Army in the rank of sergeantmajor.

2. A review of his OMPF shows a DDForm2839 was filed in his service folder effective 29May 2009.

3. The DDForm2839 shows him to be eligible to elect the CSB and he elected a single lump sum payment of $30,000.00. The document was signed by the applicant on 29May 2009 and by the command career counselor, SergeantMajorB____, as the witness and the recording official on 29May 2009. The CSB election effective date is recorded as 29May 2009.

4. The Defense Finance and Accounting Service reviewed his Master Military Pay Account and verified he has not been paid a CSB.

5. On 16May 2016, the ABCMR corresponded with the applicant, requesting a copy of his latest end of month leave and earnings (LES) statement. His end of month LES for May 2016 shows his DIEMS date to be 19December 1992 and his retirement plan as “Choice.”

REFERENCES:

1. Army Regulation600-8-104 (Army Military Human Resource Records Management) governs the composition of the OMPF. It states documents that pertain to general, administrative, service, and service compensation will be filed in the Soldier’s service folder. Once placed in the OMPF, the document becomes a permanent part of that file. The document will not be removed from or moved to another part of the OMPF unless directed by certain agencies, to include this Board.

2. Army Regulation600-8-7 (Retirement Services Program), chapter7, sets forth the tasks, rules, and steps for processing applications for Soldiers making a choice under the CSB/Reduced Retired Pay Plan (REDUX). The Military Reform Act of 1986 created the REDUX Retired Pay Plan, applicable to all members who joined the military on or after 1August 1986. It allows eligible Soldiers to choose between the High-3 and the CSB/REDUX pay plan. If a Soldier elects the CSB/REDUX pay plan, a copy of the DDForm2839 will be maintained in the Soldier’s military personnel file and a copy will be forwarded for filing in the Soldier’s OMPF. The original DDForm2839 will be sent to the servicing finance office no later than 10days prior to the Soldier’s 15thanniversary of date of service. Human resources specialists will record the Soldier’s election to update the appropriate personnel systems. Upon receipt of the form by the local finance office, steps will be taken to ensure the form is complete and accurate and that the Soldier has reached the 15-year anniversary date of active service. Once complete, the central finance office receives the form, inputs approval, and pays the Soldier the CSB.

3. Military Personnel Message Number01-143 (CSB/REDUX Notification, Counseling, and Election Procedures) provided implementing procedures for determining eligibility, notification, counseling, and election of the CSB/REDUX Retired Pay option.

a. Soldiers with a DIEMS on or after 1August 1986 are eligible to elect the CSB/REDUX Retired Pay option. The LES for eligible Soldiers will show the word “Choice” until converted to either High-3 or REDUX after the Soldier makes a CSB/REDUX election. After notification of eligibility and counseling, the Soldier makes an election on the DDForm2839. Elections received before the Soldier’s 15thyear of active service are effective and irrevocable at the 15th year. Elections received after the Soldier’s 15th year of active service are effective and irrevocable when received.

b. Once the DDForm2839 is completed, the code “RB” will be entered in the “Special Pay” field of a Soldier’s record in Standard Installation/Division Personnel System (SIDPERS) if the Soldier elected CSB/REDUX. The code “RH” will be entered if the Soldier was eligible for but declined CSB/REDUX or wasn’t eligible. The code in the “Special Pay” field will generate a change to the retired pay plan data transmitted monthly to DFAS for inclusion on the member’s monthly LES. After the appropriate code has been entered in the “Special Pay” field of SIDPERS, the local finance and accounting office will transmit the form to DFAS for payment. DFAS will pay the bonus no later than 60days after the first of the month following the election effective date.

DISCUSSION:

1. The applicant’s request for removal of a DDForm2839 from his OMPF was carefully considered.

2. Although the applicant claims to have decided against requesting a CSB and insists the form was destroyed by his career counselor, it was in fact filed in the service folder of his OMPF. Regulatory guidance calls for the filing of this type of document in the service folder of the OMPF.

2. The document was signed by the applicant, the witness, and the recording official, acknowledging he was eligible to receive a CSB, had a DIEMS date of 1August 1986 or later, and he elected to receive a CSB. The document itself appears to be properly completed.

3. Despite no indication that the document is erroneous, DFAS records show he never received the elected $30,000.00 CSB.

4. Additionally, his end of month LES for May 2016 shows his retirement plan as “Choice.” The LES for eligible Soldiers will show the word “Choice” until converted to either High-3 or REDUX after the Soldier makes a CSB/REDUX election, at which point the LES will reflect the elected retirement plan. His LES indicates he has not yet made a valid received election for either the High-3 or REDUX which is in effect.

5. The evidence of record appears to indicate that after completion of his DDForm2839, it was not properly processed with his local personnel office, finance office, and DFAS. It appears no electronic transactions were completed to reflect a change to his military personnel or finance records annotating his retirement plan election as CSB/REDUX.

6. It is unclear how or why the DDForm2839 was filed in his OMPF, but combined with the evidence that DFAS has no record of his CSB election, the applicant did not receive the bonus as he should have 7years ago, and his LES continues to show his retirement plan as “Choice,” the CSB election form filed in his OMPF appears to be in error.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160005301

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160005301

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2