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AF | BCMR | CY2004 | BC-2003-03366
Original file (BC-2003-03366.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03366
            INDEX NUMBER:  108.07

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

_________________________________________________________________


APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should not be penalized because the Air Force forced  him  out  prior  to
his completion of 20 years of service.  Had it not been for his  disability,
he would have completed 20 years of service.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 2 May 1993,  with
a disability rating of 50%.  He completed 16 years, 6 months, and 3 days  of
active Federal military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request, stating,  in  part,  his
inactive and active service cannot be combined in order to qualify for  CRSC
benefit.

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  30
January 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.  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  his  burden  that  he
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-2003-03366
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 3 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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