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AF | BCMR | CY2004 | BC-2003-02619
Original file (BC-2003-02619.DOC) Auto-classification: Denied


                       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.

___________________________________________________________________

APPLICANT CONTENDS THAT:

It is a gross injustice  for  a  member  with  over  18½  years  of
honorable service to not be considered when he was forced to retire
because of a service-connected disability.

In support of his appeal, applicant submitted a copy  of  his  CRSC
application, dated 10 Jul 03; his DD Form 214, Armed Forces of  the
United States Report of Transfer or Discharge, dated 3  Apr  67;  a
copy  of  AFPMC  Form  134,  Retirement  Order,  dated  14  Mar  67
(40 percent  compensable  disability),  and  DPM  Form  134,  dated
20 Dec 71 (70 percent compensable disability); copies of  documents
associated  with  his  medical  evaluation   board   findings   and
recommendations.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was relieved from active duty and his name was placed  on
the Temporary Disability Retired List (TDRL),  effective  4 Apr 67.
At that time, he had completed 18 years, 7 months, and  2  days  of
active duty service.

Effective 7 Jan 72, his name was removed from the TDRL and  he  was
permanently retired for disability,  with  a  combined  compensable
disability rating of 70%.

___________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, that contrary to  the  applicant’s  feelings  concerning  the
fairness of  the  law,  they  are  in  no  position  to  waive  any
conditions of the qualification requirements.  They  concluded  the
applicant  does  not  meet   the   basic   Combat-Related   Special
Compensation (CRSC) program  eligibility  of  having  20  years  of
active federal military 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
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.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original request and feels that he  should
be given benefits under the CRSC program based on commitments  made
by previous administrations.

Applicant’s complete response is at 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 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 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.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-2003-02619 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 23 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 9 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Oct 03.
    Exhibit E.  Letter, Applicant, dated 4 Nov 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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