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AF | BCMR | CY2004 | BC-2003-02737
Original file (BC-2003-02737.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02737
            INDEX NUMBER:  136.00

      XXXXXXX    COUNSEL:  DAV

      XXXXXXX    HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  entitled  to  Combat-Related  Special  Compensation  (CRSC)
benefit.

___________________________________________________________________

APPLICANT CONTENDS THAT:

According to Public Law 108-136  (sic),  he  and  other  Air  Force
Reserve members were to be treated the same as active duty retirees
with 20 years of service.

In support of his appeal, applicant submitted a personal  statement
and copies of the response from his CRSC application.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant, a Reservist, was placed on the Air Force  Retired  List,
Retired Reserve Section, effective 28  April  1995.   He  completed
20 years, 10 months, and 17 days of satisfactory  federal  service.
He earned 2709 points under the provisions of 10 USC 12733.

Applicant’s date of birth (DOB) is 1 May 1948; he will be  eligible
for retired pay at age 60 on 1 May 2008.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part,  that  the  CRSC  operations  section  erroneously   approved
applicant’s request, then later denied his request based on  Public
Law  107-134  and  its  current  amendment.   Although  applicant’s
service connected medical conditions exceed the required 10 percent
rating, he did not meet the basic eligibility requirement of  being
60 years of age to be eligible for retired pay.

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
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.

      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 qualifying disability ratings (percentages)  [retiree
must be entitled to compensation for service-connected disabilities
under 10 USC 38 by the DVA].

             Qualifying  Combat-Related  Disability:   Member   has
combat-related  disabilities  (which  includes  any  Purple   Heart
disabilities) that are compensated by the DVA.

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 25 June 2004 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.   Applicant’s
contention that he and other Air Force Reserve members  are  to  be
treated the same as active duty retirees with 20 years  of  service
under the Combat-Related Special  Compensation  (CRSC)  program  is
duly noted.  However, we do  not  find  his  argument,  in  and  of
itself, sufficiently persuasive to override the rationale expressed
by the Air Force.  It  appears  the  applicant’s  service-connected
medical conditions exceed the required  ten  percent;  however,  at
this time, he does not meet the basic  eligibility  requirement  of
being 60 years of age and eligible for  Reserve  retired  pay.   He
will be eligible for CRSC benefits on his 60th birthday.  Based  on
the foregoing, and 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.
It should be noted the applicant is eligible for CRSC  without  the
requested change.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
B0-2003-02737 in Executive Session on 15 September 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 16 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.




                                   Thomas S. Markiewicz
                                   Chair

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