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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