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AF | BCMR | CY2004 | BC-2004-01155
Original file (BC-2004-01155.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01155
            INDEX NUMBER:  136.00

      XXXXXXX XX COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be corrected to reflect that  he  completed  over  20
years of active service to  enable  him  to  be  eligible  for  the
Concurrent Retirement and Disability Payment (CRDP) Program.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was placed on the Temporary Disability Retired  List  (TDRL)  by
the Air Force due to his disabilities.

In support of his appeal, applicant submitted a personal statement;
a copy of a Department of Veterans Affairs (DVA) letter for  income
verification, dated 18 Jul 95; AFMPC Form  134,  Retirement  Order,
dated 21 Oct 77, and his retirement certificate.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant  was  permanently  retired   for   disability   effective
8 November 1977, with a disability rating  of  30%.   He  completed
17 years, 1 month, and 27 days of active federal military service.

EXAMINER’S NOTE:  The Concurrent Retirement and Disability Payments
(CRDP) program, established by Public Law  (PL)  108-136,  provides
compensation   to   certain   retirees    with    service-connected
disabilities of  50  percent  or  higher,  with  the  exception  of
disability retirees  with  less  than  20  years  of  service,  and
retirees who have combined their military and civilian service time
to qualify for a civil service retirement.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, applicant’s request to have his period on the  TDRL  credited
as  active  duty  service  was  disapproved  and  fully  explained.
Applicant was advised that “time spent on the TDRL does  not  count
as active duty service for retirement.”

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original request and feels that he  should
be given benefits under the CRDP program based on  his  service  to
his country during the Vietnam War.

Applicant’s complete response, with attachments, 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 not timely filed; however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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, after careful review of the available  records,  it
appears  that  he  has  been  credited  with  all  active   service
creditable under the governing regulation and laws in effect at the
time of his disability retirement.  We  therefore  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 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 Docket Number BC-2004-
01155 in Executive Session on 3 August 2004, under  the  provisions
of AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 28 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
    Exhibit E.  Letters, Applicant, dated 27 Apr 04 and 18 Jun 04.




                                   OLGA M. CRERAR
                                   Panel Chair

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