Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-02670
Original file (BC-2003-02670.DOC) Auto-classification: Denied


                       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

Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-02736

    Original file (BC-2003-02736.DOC) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit 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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.

  • AF | BCMR | CY2004 | BC-2003-02362

    Original file (BC-2003-02362.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02362 INDEX NUMBER: 136.00 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His approved Combat-Related Special Compensation (CRSC) payment be adjusted to include compensation for his 100 percent unemployability. ___________________________________________________________________ APPLICANT...

  • 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. ___________________________________________________________________ THE...

  • 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. We took notice of the applicant's complete submission in judging the...

  • AF | BCMR | CY2004 | BC-2003-02405

    Original file (BC-2003-02405.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02405 INDEX NUMBER: 136.00 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: He be given the required years of service to qualify for the Combat Related Special Compensation (CRSC) benefit. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD...

  • AF | BCMR | CY2004 | BC-2003-02777

    Original file (BC-2003-02777.DOC) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit A. Effective 28 Feb 55, his name was removed from the TDRL and he was permanently retired for disability, with a combined compensable disability rating of 50%. 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...

  • AF | BCMR | CY2004 | BC-2003-02086

    Original file (BC-2003-02086.doc) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit 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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.

  • AF | BCMR | CY2004 | BC-2003-02439

    Original file (BC-2003-02439.DOC) Auto-classification: Denied

    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

    Original file (BC-2003-03688.DOC) Auto-classification: Denied

    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

    Original file (BC-2003-02652.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His records are in error because his Certificate of Retirement from the Air Force says he’s retired. 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%.