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
AF | BCMR | CY2004 | BC-2003-02619
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02619 INDEX NUMBER: 136.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: The requirement of 20 years of service be waived so that he may be eligible for the Combat-Related Special Compensation (CRSC) program. ___________________________________________________________________ THE...
AF | BCMR | CY2006 | BC-2005-03250
On 14 Dec 71, the Air Force PEB recommended that the removed from the TDRL and returned to active duty. For this condition to qualify for CRSC, it must be specifically granted by the DVA as presumptive to Agent Orange exposure. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.
AF | BCMR | CY2007 | BC-2006-02386
In support of his request, applicant provided documentation associated with his CRSC application. DPPD provides a review of the applicant’s medical records and states that in his original application, the applicant indicated his conditions were the result of “strenuous activities over time. It appears the applicant is requesting his medical records be amended to include a statement that he was involved in an accident during WWI that caused traumatic injury to his back and neck.
AF | BCMR | CY2004 | BC-2003-02405
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02405 INDEX NUMBER: 136.00 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: He be given the required years of service to qualify for the Combat Related Special Compensation (CRSC) benefit. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD...
AF | BCMR | CY2005 | BC-2004-02461
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02461 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, intervertegral disc syndrome, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...
AF | BCMR | CY2004 | BC-2003-02652
_________________________________________________________________ APPLICANT CONTENDS THAT: His records are in error because his Certificate of Retirement from the Air Force says he’s retired. At that time, he had completed 19 years, 7 months, and 9 days of active duty service. Effective 26 Feb 95, his name was removed from the TDRL and he was permanently retired for disability, with a combined compensable disability rating of 60%.
AF | BCMR | CY2005 | BC-2004-01241
On 17 Jun 87, the Air Force PEB recommended he be permanently retired from the Air Force with a combined disability rating of 40%. His records show documented evidence that he had complained of back pain as early as 1963, two years prior to being in Thailand. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reiterates his account of the incident in which he was injured, provides...
AF | BCMR | CY2004 | BC-2003-02777
Applicant’s complete submission is at Exhibit A. Effective 28 Feb 55, his name was removed from the TDRL and he was permanently retired for disability, with a combined compensable disability rating of 50%. 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...
AF | BCMR | CY2005 | BC-2004-01097
On 30 Sep 89, he was removed from the TDRL and retired in the grade of master sergeant with a compensable rating of 30%. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Jun 04 for review and comment within 30 days. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its...
AF | BCMR | CY2004 | BC-2004-00358
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00358 INDEX NUMBER: 136.00 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The requirement of 20 years of service be waived so that he may be eligible for the Combat-Related Special Compensation (CRSC) program. c. Is entitled to retired pay, notwithstanding that such retired pay may be reduced...