RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02078
INDEX NUMBER: 136.00
XXXXXXX COUNSEL: R. EDWARD BATES
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he completed over 20 years
of active service.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The time he spent in the Temporary Disability Retirement List
(TDRL) be considered as part of his 20 years of service
requirement.
In support of his appeal, applicant provided copies of letters to
his counsel; copy of letter from Department of Veterans Affairs
(DVA), dated 20 May 04 and his DD Form 214, dated 12 Dec 66.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 12 Dec 66, applicant was honorably discharged for physical
disability, with entitlement to severance pay. He completed
3 years, 2 months, and 17 days of active federal military service.
Examiner’s Note: There is no evidence in the record the member was
ever on the TDRL.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, although applicant’s service connected medical condition
exceed the required 10 percent rating, he did not meet the
eligibility requirement of retirement with 20 or more 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. A retired member of the
Uniformed Services must meet each of the four following conditions
to meet the preliminary CRSC criteria:
a. Has 20 or more years of active service in the Uniformed
Services for the purpose of computing the amount of retired pay, or
is entitled to retired pay under section 12731 of Title 10, United
States Code, unless such retirement is under section 12731b of that
same title.
b. Is in retired status.
c. Is entitled to retired pay, notwithstanding that such
retired pay may be reduced due to receipt of Department of Veterans
Affairs (DVA) disability compensation.
d. Has qualifying disability ratings (percentages) [retiree
must be entitled to compensation for service-connected disabilities
under 10 USC 38 by the DVA].
Qualifying Combat-Related Disability: Member has
combat-related disabilities (which includes any Purple Heart
disabilities) that are compensated by the DVA.
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
on 13 August 2004 for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
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 noted the
applicant's complete submission in judging the merits of the case.
The applicant asserts from 12 Dec 66 until Dec 92, he remained on
the TDRL; however, there is no evidence in the record
to substantiate his claim. 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. 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 AFBCMR Docket Number
BC-2004-02078 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 22 Jun 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 10 Aug 04.
Exhibit D. Letter, SAF/MRBR, dated 13 Aug 04.
THOMAS S. MARKIEWICZ
Chair
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