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AF | BCMR | CY2004 | BC-2004-00466
Original file (BC-2004-00466.DOC) Auto-classification: Denied


                            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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