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AF | BCMR | CY2004 | BC-2004-00358
Original file (BC-2004-00358.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00358
            INDEX NUMBER:  136.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The requirement of 20 years of service be waived so that he may  be
eligible  for  the  Combat-Related  Special   Compensation   (CRSC)
program.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He had insufficient retainability for world-wide  service  and  the
military doctors recommended limited duty assignment.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
Physical Evaluation Board (PEB) findings; Retirement  Order,  dated
24 May 71; DD Form  214,  dated  7  Jun  71,  and  a  copy  of  his
Department of Veterans Affairs (DVA) rating, dated 16 Apr 03

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant  was  permanently  retired   for   disability   effective
8 Jun 71, with a disability rating of 30%.  He completed 19  years,
1 month, and 29 days of active federal military service.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, although his DVA service connected medical conditions  exceed
the required 10 percent rating, he did  not  meet  the  eligibility
criteria of 20 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:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 21 May 04 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  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-2004-00358 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 31 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 30 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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