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AF | BCMR | CY2004 | BC-2004-01639
Original file (BC-2004-01639.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01639

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His active duty service be extended  to  reflect  he  completed  20-year  of
active duty to qualify for Concurrent  Retirement  and  Disability  Payments
(CRDP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to active duty medical disability, he was placed on the  Temporary  Duty
Retired List (TDRL) and retired with 19 years, 11 months and 16  days.   The
Veterans Administration has determined that  he  is  “unemployable”  due  to
this active duty disability.  He has a wife and two children to support  and
take care of.  He wants to  receive  Concurrent  Retirement  and  Disability
Payments to overcome this hardship.

In support of his request, applicant provided a copy of a  letter  from  his
senator, copy of his DD Forms 214, Certificate of Release or Discharge  from
Active Duty and his VA rating.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlistment in the Regular Air  Force  on  2  April  1987  and  was
progressively promoted to the grade of technical  sergeant,  having  assumed
that grade effective and with a date of rank of   1 February 1994.   He  was
placed on the TDRL on 20 March 1998 due to  physical  disability  under  the
provisions of Title  10  USC,  Section  1202  and  AFI  36-3212.   Applicant
remained on the TDRL until 6 January 2000, at which time he was  permanently
disability retired with a  30  percent  disability  rating.   He  served  18
years, 1 month, and 17 days of active duty military service  and  19  years,
11 months and 16 days of service for pay.

Disability processing records reveal the service member was  referred  to  a
Medical Evaluation Board (MEB) and consequently found  unfit  due  to  Major
Depressive Disorder and  psychotic  features  after  which  officials  after
which officials within  the  Office  of  the  Secretary  of  the  Air  Force
directed he be permanently retired with a 30 percent disability rating.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and stated the applicant’s  mention  he  had  19
years, 11 months, and 16 days active  service  is  an  incorrect  statement.
Military personnel records reflect this to be  his  creditable  service  for
pay purposes only, not active duty.  The  law  governing  CRDP  states  that
retirees who were retired with a medical disability with less than 20  years
of active service are ineligible for this recently approved benefit.

Following our assessment, DPPD concluded  the  veteran  fails  to  meet  the
basic CRDP 20 year service eligibility  criteria  established  under  Public
Law 108-136, however, it must be noted this  office  is  not  the  approving
authority for this program.  There are no provisions to  credit  individuals
for active duty service for which they have not earned.

AFPC/DPPD 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  18
June 2004 for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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,  it  appears
that  his  creditable  service  was  properly  applied  upon  his  permanent
retirement from the Air Force for disability reasons.  Therefore,  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 the applicant has not been the victim of an  error  or  injustice.   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 AFBCMR Docket Number  BC-2004-
01639 in Executive Session on 14 September 2004,  under  the  provisions  of
AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.




                                   OLGA M. CRERAR, JR.
                                   Panel Chair

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