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AF | BCMR | CY2004 | BC-2003-02777
Original file (BC-2003-02777.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02777
            INDEX NUMBER:  136.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

It appears the applicant is requesting  that  he  be  eligible  for
benefits under the CRSC program.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was not aware of the Combat-Related Special Compensation  (CRSC)
program until he read about it in the July-August 2003 Veterans  of
Foreign Wars (VFW) newspaper.

In support of his appeal, applicant  submitted  a  copy  of  AFBCMR
Directive, dated 20 Sep 72; a copy of WD AGO Form  53.55,  Enlisted
Record  and  Report  of  Separation  Honorable   Discharge,   dated
4 Jun 46, and a copy of VA  Form  10-0048,  Former  Prisoner-of-War
(POW) Medical History.

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 31 May  53.
At that time, he had completed 16 years, 2 months, and 24  days  of
active duty service.

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%.

On 20 Sep 72,  the  AFBCMR  favorably  considered  the  applicant’s
request that his records be corrected to show that the disabilities
for which he was retired resulted from injury or  disease  received
in the line of duty as a direct result of armed conflict.

___________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, the disability processing records reveal that  the  applicant
was referred through the Air  Force  Disability  Evaluation  System
(DES), which resulted in  him  being  permanently  retired  with  a
50 percent  disability  rating.   A  previous  AFBCMR  action   was
approved on 20 Sep 72 in which applicant’s  medical  conditions  at
the time of this permanent disability retirement were determined to
be  the  direct  result  of  armed  conflict.   Additionally,  they
determined the applicant does  not  meet  the  basic  CRSC  program
eligibility of having 20 years of active federal military service.

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 26 November 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-2003-02777 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 18 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 13 Nov 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Nov 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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