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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