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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