RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01846
INDEX NUMBER: 108.00 & 128.14
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted 14 months of active duty credit so his records will reflect
that he completed 20 years of active service and qualify him for benefits
under the Concurrent Retirement Disability Payments (CRDP) program.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He fully intended to complete 20 years of active service; however, he was
medically retired prior to doing so. In essence, his retirement was
involuntarily. Technically, he completed 20 years of service, since he
spent 14 months on the Temporary Disability Retired List (TDRL).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was released from active duty and placed on the TDRL on 17 April
1984. He was removed from the TDRL, and permanently retired for disability
effective 5 August 1986, with a disability rating of 70%. He completed
18 years, 10 months, and 3 days of active federal military service.
Public Law (PL) 108-136 established the Concurrent Retirement and
Disability Payments (CRDP) program, which provides compensation to certain
retirees with service-connected disabilities of 50 percent or higher, with
the exception of disability retirees with less than 20 years of service,
and retirees who have combined their military and civilian service time to
qualify for a civil service retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in part, that
time spent on the TDRL does not count as active duty service for
retirement. A review of applicant’s permanent disability retirement order
reveals no errors in the computation of his active service for retirement.
The AFPC/DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 1 July 2004 for review and response within 30 days. However, 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. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The office of primary
responsibility has adequately addressed applicant’s contentions and we
agree with their opinion and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain his burden that he
has suffered either an error or an injustice. Hence, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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-2004-01846
in Executive Session on 17 August 2004, under the provisions of AFI 36-
2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Renee M. Collier, Member
Mrs. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jun 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Jun 04, w/atchs
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.
ROSCOE HINTON, JR.
Panel Chair
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