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AF | BCMR | CY2004 | BC-2004-00318
Original file (BC-2004-00318.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00318
            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.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He completed 19 years and  6  months  and  feels  that  it  was  an
injustice not to be allowed to complete six more months which would
have given him 20 years of active service.

In support of his appeal, applicant submitted a personal statement;
his Retirement Special Order-Physically Unfit,  dated  14  May  92;
DD Forms 214, Certificate of Release or Discharge from Active Duty,
dated 20 Oct 76 and 27 Jul 92; correspondence from  the  Department
of Veterans Affairs (DVA) regarding his DVA claims; a  letter  from
the Disabled American Veterans, dated 15 Aug  02  and  CRSC  Denial
Letter, dated 7 Nov 03.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant  was  permanently  retired   for   disability   effective
28 Jul 92,  with  a  disability  rating  of  100%.   He   completed
19 years, 6 months, and 2 days of active federal military service.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, although  applicant’s  service-connected  medical  conditions
exceed the  required  10  percent  rating,  he  did  not  meet  the
eligibility requirement of retirement with  20  or  more  years  of
active 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
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:

Applicant states he would be willing to buy back his six months  of
leave time to be added to his 19 years and 6 months of active duty.

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  noted  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 its  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-2004-00318 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 26 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 26 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
    Exhibit E.  Letter, Applicant, dated 11 May 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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