RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  2004-01788

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His military records be corrected to reflect his  active  duty  service  and
service for  pay  to  20  years  and  28  days  to  qualify  for  Concurrent
Retirement and Disability Payments (CRDP).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His retirement date from the  Air  Force  should  read  1  April  1978,  per
Special Orders AC-007859, dated 8 April 1977, giving him  20  years  and  28
days of the active military service to qualify for CRDP.

In support of his appeal, applicant submits a  copy  of  his  DD  Form  214,
Findings and Recommended Disposition of USAF Physical Evaluation  Board,  AF
Form  2653,  Retirement  Special  Order-Physical  Unfit,  AFMPC  Form   134,
Retirement Order, Department of the Air Force,  Special  Orders,  AC-007859,
and letters from USAF/LETTA and Department of Veterans Affairs.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 3 March 1958, the applicant enlisted in the  Regular  Air  Force  in  the
grade of airman second class.  He was progressively promoted  to  the  grade
of staff sergeant (E-5) with a date of rank of 1 June 1966.

On 24 November 1976, the applicant submitted  a  voluntary  application  for
retirement, with an effective  date  of  retirement  of  1  April  1978.   A
retirement order, DAFSO AC-007859, 8 April 1977 was published approving  his
service retirement.

On 9 November 1977, the Medical Evaluation Board  (MEB)/Physical  Evaluation
Board (PEB) found the applicant unfit for  continued  military  service  for
his Rheumatoid Arthritis and  Hypertension,  and  placed  his  name  on  the
Temporary Disability Retired List (TDRL) due to  physical  disability  under
the provisions of AFM 35-4.  He remained  on  the  TDRL  until  2  September
1980, at which time he  was  removed  and  permanently  retired  with  a  50
percent disability rating under the provisions of  Title  10,  USC,  Section
1201.  Military personnel records reflect he completed 19  years,  8  months
and 7 days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD  recommended  the  application  be  denied  and  stated   it   was
determined no correction to the service military records or  his  disability
retirement order concerning his active and pay periods were necessary  since
the data is correct in  relation  to  his  process  through  the  Disability
Evaluation  System  (DES).   They  also  concluded  the   approved   service
retirement order for his projected retirement date on 1  April  1978,  under
Title 10, USC, Section 8914,  was  invalid  and  should  have  been  revoked
following his entrance into the Air Force DES.  Following  their  assessment
of the applicant’s records, it appears he  meets  the  basic  CRDP  20  year
service eligibility criteria established  under  Public  Law  108-136.   The
Department of Veterans Affairs (DVA) and the Defense Finance and  Accounting
Service - Cleveland Center  (DFAS-CL),  normally  initiate  eligibility  for
CRDP compensation; at the time the veteran meets the  eligibility  criteria.
Qualified retirees will automatically receive their CRDP  and  there  is  no
application process necessary.

AFPC/DPPD complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated he would like to  use
the recent AF/JAA ruling citing that military personnel, who  retired  prior
to 1 January 1982, should have their retired pay computed  using  Title  10,
USC, Section 1401, “six-month rounding up  rule.”   He  would  like  to  use
those rulings as justification to obtain his CRDP.   He  was  in  19  years,
eight months, and seven days of active military service, and he should  fall
under the “six-month rounding up rule.

Applicant’s complete response in at Exhibit E.

_________________________________________________________________

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,  after
careful review of the  available  records,  it  appears  that  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 the applicant has  not  been  the  victim  of  an  error  or
injustice. The Board also notes that a recent AF/JAA  ruling  has  clarified
the law regarding the crediting of retired pay for  military  personnel  who
had at least 19 years, six months prior to 1 January 1982. We recommend  the
applicant  contact  the  Department  of  Veterans  Affairs  concerning  CRDP
compensation/eligibility.  Therefore, 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 this application 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 1 Jun 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPD, dated 14 Jun 04.
     Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.
      Exhibit E.  Letter, Applicant, dated 1 Jul 04.



                                   OLGA M. CRERAR
                                   Panel Chair