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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