RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02652
INDEX NUMBER: 136.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be recognized for 20 years of active Federal military service in
the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records are in error because his Certificate of Retirement from
the Air Force says he’s retired.
In support of his appeal, applicant submitted a copy of his retirement
certificate, dated 10 Jun 1993; his AF Form 2653, Retirement Special
Order-Physical Unfit, dated 17 Feb 93, and a copy of a congressional
inquiry from his congressman.
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 10 Jun 93. At
that time, he had completed 19 years, 7 months, and 9 days of active
duty service.
Effective 26 Feb 95, his name was removed from the TDRL and he was
permanently retired for disability, with a combined compensable
disability rating of 60%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in part,
the disability processing records revealed that a Medical Evaluation
Board (MEB) was initiated on 16 Nov 92, and the results referred to
the Informal Physical Evaluation Board (IPEB) for adjudication of the
case. Applicant agreed with the findings and recommendation of the
IPEB, and he was placed on the Temporary Disability Retired List
(TDRL) with a 50 percent disability rating. After his TDRL
reexamination, the IPEB recommended he be permanently retired with a
60 percent disability rating. He remained on the TDRL for a total of
1 year, 8 months, and 17 days. They determined the applicant does not
meet the mandatory qualifications for compensation under the Combat-
Related Special Compensation (CRSC) program eligibility of having 20
years of active duty service.
The period a member is placed on the TDRL is not considered active
duty; therefore, cannot be accumulated as active service for
retirement purposes.
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:
A copy of the Air Force evaluation was forwarded to the applicant on 3
October 2003 for review and comment within 30 days. As of this date,
no response has been received by this office (Exhibit D).
_________________________________________________________________
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.
_________________________________________________________________
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-
2003-02652 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 4 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 29 Sep 03.
Exhibit D. Letter, SAF/MRBR, dated 3 Oct 03.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-02619
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AF | BCMR | CY2004 | BC-2003-03688
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AF | BCMR | CY2004 | BC-2003-04256
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AF | BCMR | CY2004 | BC-2003-02553
Applicant’s complete submission is at Exhibit A. 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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.
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