RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01759 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His medical retirement effective date be changed from 1 Dec 11 to 6 Dec 11, in order to qualify for the Concurrent Retirement Disability Pay (CRDP) entitlement. ________________________________________________________________ APPLICANT CONTENDS THAT: He was medically retired, on 1 Dec 11; however, at the time he questioned the date being one day shy of him receiving credit for 20 years of service and was told that it was okay to use that date. He received a payment on 3 Jan 12 for his retirement and when he did not receive a payment in Feb 12, he contacted the Defense Finance and Accounting Service (DFAS) and was told that he was not eligible for payment since he did not have 20 years of service. EXAMINER’S NOTE: Based on the applicant’s contentions, the applicant was contacted to clarify his request for payment and he confirmed that he was requesting a correction to his record to qualify for payment under the Concurrent Retirement Disability Pay (CRDP) entitlement, which the eligibility requires that a member receive retired pay and be rated with a 50 percent or higher disability by the Department of Veterans Affairs (DVA). In support of his appeal, the applicant provides a personal statement; email correspondence regarding his retirement; copies of his medical retirement order and his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 7 Jul 11. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was processed through the Disability Evaluation System (DES) and his case was referred to the Informal Physical Evaluation Board (IPEB) for Vertigo. The IPEB recommended the applicant’s name be placed on the Permanent Disability Retired List (PDRL) with a compensable disability rating of 30 percent. The applicant concurred with the IPEB findings with a compensable rating at 30 percent and his case was referred to the Secretary of the Air Force Personnel Council (SAFPC) for consideration. SAFPC concurred with the findings of the IPEB and directed the applicant be permanently disability retired effective 30 Nov 11. The applicant was permanently disability retired, on 1 Dec 11, with a compensable rating of 30 percent. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSD recommends denial, stating, in part, the applicant is seeking to have his service dates changed in order to qualify for CRDP. The preponderance of evidence reflects that no error or injustice occurred during the disability process or at time of separation. In addition, they note the applicant was in the Air National Guard and per DFAS web site: You may be entitled to CRDP if you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. Based on the point summary office at the Air Reserve Personnel Center (ARPC), the applicant had a seven year break from 10 Jan 90 until 5 Dec 97 and had 17 qualifying years, NOT the required 20 years and therefore not eligible for CRDP. The complete DPSD evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 19 Jun 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2012-01759 in Executive Session on 29 November 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Mar 12, w/atchs. Exhibit B. Letter, AFPC/DPSD, dated 25 May 12. Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12. Panel Chair