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AF | BCMR | CY2004 | BC-2003-02439
Original file (BC-2003-02439.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02439
            INDEX NUMBER: 128.14

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His total military service  be  used  in  determining  his  eligibility  for
Combat-Related Special Compensation (CRSC) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  Reserve  and  active  service  should  be  combined  to  determine  his
eligibility for CRSC benefits.  To do otherwise, is unfair and biased.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant, a Reservist, was placed on the Air Force  Retired  List,  Retired
Reserve Section effective 8 October 1991.  He earned 2704 points  under  the
provisions of 10 USC 12733, which equals 7.51 years of active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPD recommends denial of applicant’s request stating,  in  part,  that
he does not qualify for CRSC since he is not eligible to  draw  his  Reserve
retirement until 7 June 2007.

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  is  entitled  to
retired pay under section 12731 of Title  10,  United  States  Code,  unless
such retirement is under section 12731b of that same title.

      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 qualifying disability ratings (percentages) [retiree  must  be
entitled to compensation for service-connected disabilities under 10 USC  38
by the DVA].

             Qualifying  Combat-Related  Disability:   Member  has   combat-
related disabilities (which includes any  Purple  Heart  disabilities)  that
are compensated by the DVA.

The AFPC/DPPD evaluations are at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the  applicant  on  16
April 1994, for review and comment within 30 days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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  office  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that  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  Docket  Number  BC-2003-02439
in Executive Session on 15 September 2004, under the provisions of  AFI  36-
2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letters, AFPC/DPPD, dated 27 Aug 03 & 7 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Apr 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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