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AF | BCMR | CY2004 | BC-2003-02599
Original file (BC-2003-02599.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02599
            INDEX NUMBER: 128.14

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Air National Guard (ANG) service be combined with his active service  to
qualify for Combat-Related Special Compensation (CRSC) benefits.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His ANG and active service should be combined due  to  the  requirement  for
completion of 20 years of total service for CRSC benefits.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 3 December  1992,
with a disability rating of 100%.  He completed 11 years, 5 months,  and  17
days of active federal military service.  He completed 23  years,  1  month,
and 5 days of total service for basic pay.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPD recommends denial of applicant’s request stating,  in  part,  that
he does not qualify for CRSC since he did not complete 20  years  of  active
service or 7200 points or more Reserve service.

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  12
March 2004 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-2003-02599
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 29 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letters, AFPC/DPPD, dated 30 Sep 03 & 27 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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