RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00466
INDEX NUMBER: 128.14
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His years of active service be recalculated to include his time on the
Temporary Disability Retired List (TDRL) to qualify him for Combat-Related
Special Compensation (CRSC) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Given his official retirement date of 18 September 1984, he clearly served
more than 20 years, justifying a change in his active duty service
calculations.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was placed on the TDRL on 16 October 1980. He was permanently
retired for disability effective 18 September 1984, with a disability
rating of 80%. He completed 17 years, 6 months, and 8 days of active
federal military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in part, that
he does not meet the criteria for CRSC because the time he spent on the
TDRL is not considered active duty 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 7 May
2004, for review and comment within 30 days. As of this date, no response
has been received by this office (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 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 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 Docket Number BC-2004-00466
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, AFPC/DPPD, dated 22 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 7 May 04.
THOMAS S. MARKIEWICZ
Chair
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