RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:					DOCKET NUMBER: BC-2012-05632
							COUNSEL:  NONE
   							HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His total active service time be changed from 19 years, 1 month (sic) and 13 days to 20 years to allow for receipt of Concurrent Retirement and Disability Pay (CRDP).  

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be credited for 20 years of service as he was medically retired for reasons beyond his control.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 18 October 1979.  On 31 October 1998 he was placed on the Temporary Disability Retirement List (TDRL).  On 29 May 2000, he was permanently retired in the grade of staff sergeant (E-5), with 19 years and 13 days of service.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS states that by law, the applicant is not eligible to receive CRDP.  Public Law 108-136 requires that members retired by reason of physical disability have at least a minimum of    20 years of total active service or 20 years of qualifying service for retirees eligible for retired pay as a member of the reserve or guard.  

Legislation enacting CRDP was effective on 1 January 2004 which proceeds the applicant’s disability retirement with less than  20 years of service.  There is no evidence of any errors or injustice.

The complete DFAS evaluation, with attachment, is at Exhibit B.  

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the DFAS evaluation was forwarded to the applicant   on 11 January 2013 for review and comment within 30 days (Exhibit C).  As of this date, this office has not received a response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 Defense Finance and Accounting Service and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2012-05632 in Executive Session on 27 August 2013 under the provisions of AFI 36-2603:

	  Panel Chair
	  Member
	  Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 30 Nov 12, w/atchs.
Exhibit B.  Letter, DFAS-JBJE/CL, dated 7 Jan 13, w/atchs.
Exhibit C.  Letter, SAF/MRBR, dated 11 Jan 13.




					 												Panel Chair