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AF | BCMR | CY2004 | BC-2003-02736
Original file (BC-2003-02736.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02736
            INDEX NUMBER:  108.07

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

Her records be corrected to show that she is  qualified  for  Combat-Related
Special Compensation (CRSC) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her active duty military service period should be adjusted  to  include  the
time she spent under the enhanced retirement qualification era.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was retired effective 1 October 1994, under  the  Temporary  Early
Retirement Authority (TERA).  She completed 16 years, 5 months, and 27  days
of active Federal military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request, stating, in  part,  that
members who accepted  early  retirement  under  the  TERA  program  are  not
currently eligible for compensation under the CRSC program.

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:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  5
December 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.  After a thorough review  of  the  evidence
of record and applicant’s submission,  we  are  not  persuaded  that  relief
should be granted.  Applicant’s contentions are duly noted; however,  we  do
not find these assertions, in and by themselves, sufficiently persuasive  to
override the rationale provided by the Air Force.   The  office  of  primary
responsibility has  adequately  addressed  applicant’s  contentions  and  we
agree with their opinion and adopt the rationale expressed as the basis  for
our decision that the applicant has failed to sustain her  burden  that  she
has suffered either an error or an injustice.  Hence, we find no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________


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  Docket  Number  BC-2003-02736
in Executive Session on 10 March 2004, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Martha A. Maust, Member
                       Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Nov 03.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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