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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