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AF | BCMR | CY2004 | BC-2003-02386
Original file (BC-2003-02386.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02386
            INDEX NUMBER:136.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect that he completed  over  20
years of active service.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He never received an updated DD Form 214 when he  retired  and  the
Air Force left him out in the cold again.

In support of his appeal, applicant submitted a copy  of  a  letter
from USAFMPC/AFMPARA1B,  dated  24  Mar  71,  and  a  copy  of  his
retirement citation, dated 14 Apr 71.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was placed  on  the  Temporary  Disability  Retired  List
(TDRL) on 7 Aug 69, due to a physical disability.  At that time, he
had completed 18 years, 9  months,  and  20  days  of  active  duty
service.  He remained on the TDRL until he was permanently  retired
for disability effective 14 Apr 71, with  a  disability  rating  of
80%.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of  applicant’s  request,  stating,  in
part,  that  disability  processing  records   reveal   a   Medical
Evaluation Board (MEB) was initiated on 28 Apr 69, and the  results
referred to the Physical Evaluation Board (PEB) for adjudication of
the case.  The Board reviewed the preponderance of evidence,  found
his medical conditions as  unstable  and  unfitting  for  continued
military service, and placed him on the TDRL.   Applicant  remained
on the TDRL until he was permanently retired on 14 Apr  71.   After
reviewing  his  military  personnel  records,  which  included  his
permanent disability retirement order (dated 8 May 69), it  appears
the applicant was credited for all of his active  federal  military
service periods.

Following their assessment, they discovered  no  evidence  why  the
applicant’s retirement date  should  be  extended  to  include  his
period on the TDRL.   The  consensus  is  that  the  applicant  was
treated  fairly  throughout  the  military  disability   evaluation
system, and that he was properly  rated  under  federal  disability
guidelines at the time of his assessment.

The Combat-Related Special Compensation (CRSC) program, established
by Public  Law  (PL)  107-314,  provides  compensation  to  certain
retirees with combat-related disabilities.  A retired member of the
Uniformed Services must meet each of the four following  conditions
to meet the preliminary CRSC criteria:

      a.  Has 20 or more years of active service in  the  Uniformed
Services for the purpose of computing the amount of retired pay, or
7200 or more Reserve retired points.

      b.  Is in retired status.

      c.  Is entitled to retired  pay,  notwithstanding  that  such
retired pay may be reduced due to receipt of Department of Veterans
Affairs (DVA) disability compensation.

       d.  Has  current  combined  qualifying  disability   ratings
(percentages) that meet the following prescribed thresholds:

            (1)  A current combined DVA  disability  rating  of  at
least ten (10) percent if the retiree has  been  awarded  a  Purple
Heart (PH), or

            (2)  A current combined DVA  disability  rating  of  at
least 60 percent.

The complete evaluation is at Exhibit C.

AFPC/DPPRSP found  that  the  discharge  was  consistent  with  the
procedural  and   substantive   requirements   of   the   discharge
regulation.  Additionally, that the discharge was within the  sound
discretion of the discharge authority.  The DD  Form  214  is  only
issued for periods of active duty service.  The applicant  was  not
on active duty from 7 Aug 69 to 14 Apr 71.  They  also  noted  that
the applicant did not submit  any  new  evidence  or  identify  any
errors or injustices that occurred in  the  retirement  processing,
nor did he provide any facts warranting a change in his retirement.
 Accordingly, they concurred with  AFPC/DPPD  and  recommended  his
records remain the same and his request be denied.

The complete evaluation is at Exhibit D.

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 7 November 2003 for review and comment within 30  days.   As  of
this date, no response has been received by  this  office  (Exhibit
E).

___________________________________________________________________

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 opinions  and  recommendations  of
the Air Force offices 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.   Therefore,  in  the
absence of evidence to the contrary, we find no compelling 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-2003-02386 in Executive Session on  10  March  2004,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha Maust, Member
      Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 24 Oct 03.
    Exhibit D.  Letter, HQ AFPC/DPPRSP, dated 28 Oct 03.
    Exhibit E.  Letter, SAF/MRBR, dated 7 Nov 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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