RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01291
            INDEX NUMBER:  136.00

      XXXXXXXXXXXX     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 in the medical system of the Air Force at the  time  of  his
retirement.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant  was  permanently  retired   for   disability   effective
11 November 1974, with a disability rating of  80%.   He  completed
19 years, 11  months,  and  17  days  of  active  federal  military
service.

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.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, although the law governing CRDP states that retirees who were
retired with a disability with less than 20 years  of  service  are
not eligible for this compensation,  a  recent  AF/JAA  ruling  has
clarified the law  regarding  the  crediting  of  retired  pay  for
military personnel who had at least 19 years,  6  months  prior  to
1 Jan 82.  CRDP prerequisite states that a  military  retiree  must
have “completed at least 20  years  of  service  in  the  uniformed
services that are creditable for purposes of computing  the  amount
of retired pay  to  which  the  member  is  entitled.”   The  Judge
Advocate ruling cited that military personnel who retired prior  to
1 Jan 82 will have their retired pay computed using Title 10,  USC,
Section 1401, the six-month rounding up  rule,  and  those  service
members who fall in this category should be credited with 20  years
of military service for the purposes  of  computing  their  retired
pay, therefore, making them eligible for CRDP compensation.

DPPD concluded the applicant meets the basic CRDP  20-year  service
eligibility  criteria  established  under   Public   Law   108-136.
Qualified retirees will automatically receive their CRDP and  there
is no application process necessary.  In the  applicant’s  case  it
was determined that  no  correction  to  his  military  records  is
required  as  the  retired  pay  service  credit  is  outlined  and
authorized within Department of Defense (DOD) Financial  Management
Regulation, Volume 7B, Chapter 3, Paragraph 030107.

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 10 June 2004 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 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.   After  careful
review of the available records, it appears the applicant has  been
credited with all active service  creditable  under  the  governing
regulation and laws  in  effect  at  the  time  of  his  disability
retirement.  Disability retirements are not  voluntary.   When  the
disability decision  is  finalized,  the  member  is  expeditiously
separated.  There is no opportunity to choose to stay longer though
the member can choose length  of  service  in  lieu  of  disability
retirement, if eligible.   Based  on  the  foregoing,  and  in  the
absence of evidence to the contrary, we find no basis to  recommend
favorable consideration of the applicant’s request.

4.  The statute governing the computation of retired pay in  effect
at the time of the applicant’s retirement provided  that  a  member
would be credited for any fractional part of a year  that  was  six
months or more as an additional year.  Following  their  assessment
of  the  applicant’s  case,  the  Air  Force  office   of   primary
responsibility has concluded that the  applicant  meets  the  basic
Concurrent  Retirement  and  Disability  Payments  (CRDP)   20-year
service eligibility criteria established under Public Law  108-136.
Eligibility for CRDP compensation  is  normally  initiated  by  the
Department of Veterans Affairs (DVA) and the  Defense  Finance  and
Accounting Service-Cleveland  Center  (DFAS-CL)  at  the  time  the
veteran meets the eligibility criteria.  Therefore, it is suggested
that the applicant  contact  his  nearest  Department  of  Veterans
Affairs service representative regarding this issue.

___________________________________________________________________

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-
01291 in Executive Session on 3 August 2004, under  the  provisions
of AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 7 Jun 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 04.




                                   OLGA M. CRERAR
                                   Panel Chair