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AF | BCMR | CY2004 | BC-2004-01715
Original file (BC-2004-01715.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01715
            INDEX NUMBER:  128.14

      XXXXXXX    COUNSEL:  DAV

      XXXXXXX    HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive credit for 20 years of  longevity  service  for  the  purpose  of
determining his eligibility for Combat-Related Special  Compensation  (CRSC)
benefits and Concurrent Retirement Disability Payments (CRDP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since the intent of the  CRSC  program  was  to  reward  those  with  enough
service for longevity retirement and then lost  their  ability  to  continue
earning a living  due  to  a  service-connected  disability,  he  should  be
eligible for benefits under the CRSC program.

With or without a disability, he had enough time for a  20-year  retirement,
but for the convenience of the government, he chose to retire early.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was permanently retired for disability effective  2 October  1985,
with a disability rating of 100%.  He completed 19 years, 7 months,  and  16
days of active federal military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating,  in  part,  that
although his service-connected medical conditions exceed  the  required  10%
rating, he does not qualify for CRSC since he did not complete 20  years  of
active service.

The Combat-Related  Special  Compensation  (CRSC)  program,  established  by
Public Law (PL) 107-314, provides  compensation  to  certain  retirees  with
combat-related disabilities.

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  and
counsel on 9 July 2004 for review and comment within 30 days.   As  of  this
date, no response has been received by this office (Exhibit E).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was timely filed.

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  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  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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-2004-01715
in Executive Session on 15 September 2004, under the provisions of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Martha A. Maust, Member
                       Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jun 04.
    Exhibit D.  Letters, SAF/MRBR, dated 9 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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