RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02670
INDEX NUMBER: 136.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect she is eligible for the Combat-
Related Special Compensation (CRSC) benefit.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She retired under the reduction-in-force program after 18 years and
8 months of service and believes she should be eligible for the
CRSC program or another program being considered by Congress
(Retired Pay Restoration Act).
In support of her appeal, applicant submitted a copy of her DD Form
214, Certificate of Release or Discharge from Active Duty, dated
31 May 94, and an excerpt from the Internet entitled H.R. 303
(Retired Pay Restoration Act).
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was retired effective 1 June 1994, under the Temporary
Early Retirement Authority (TERA). She completed 18 years,
7 months, and 16 days of active Federal military service.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, contrary to what the applicant feels concerning the fairness
of the law, they are in no position to waive any conditions of the
qualification requirements. They conclude the applicant does not
meet the basic Combat-Related Special Compensation (CRSC) program
eligibility of having 20 years of active federal military service.
A review of the applicant’s pay records at the Defense Finance and
Accounting Service (DFAS) reflects she waived her Air Force retired
pay for the purpose of receiving disability compensation through
the Department of Veterans Affair (DVA).
The status of the Retired Pay Restoration Act of 2003 (H.R. 303) is
still ongoing. It is highly recommended the applicant check with
her state representative concerning the current status of this
bill.
The 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 states she feels veterans that have served less than
20 years of service are being penalized again. She has contacted
her state representative and says that the bill (H.R. 303) is at a
stand still.
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-2003-02670 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 3 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 7 Oct 03.
Exhibit D. Letter, SAF/MRBR, dated 17 Oct 03.
Exhibit E. Letter, Applicant, dated 21 Nov 03.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-02736
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AF | BCMR | CY2004 | BC-2003-02439
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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the...
AF | BCMR | CY2004 | BC-2003-03688
Applicant’s complete submission is at Exhibit A. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request, stating, in part, that applicant does not meet the basis CRSC requirement of completing 20 or more years of active service. 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.
AF | BCMR | CY2004 | BC-2003-02652
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