RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03541
INDEX NUMBER: 108.07
COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he is qualified for Combat-Related
Special Compensation (CRSC) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His six years of active reserve service should count in the computation of
his active duty service for CRSC benefits. He did not ask to retire at 19
years of service and was told that it would not count against any future
benefits.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 3 May 1993, the applicant requested voluntary retirement, effective 1
December 1993.
He was retired effective 1 December 1993, under the Temporary Early
Retirement Authority (TERA). He completed 19 years and 14 days of active
federal military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request, stating, in part, that
since the applicant has not completed 20 years of active duty service, he
is not eligible for compensation under the CRSC program.
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 7200 or more
Reserve retired points.
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 current combined qualifying disability ratings (percentages)
that meet the following prescribed thresholds:
(1) A current combined DVA disability rating of at least ten
(10) percent if the retiree has been awarded a Purple Heart (PH), or
(2) A current combined DVA disability rating of at least 60
percent.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
When the CRSC criteria were first released, there was no mention that the
required service had to be active duty service. The only reference to
service indicated that you had to have 20 or more years of service for the
purposes of computing retired pay. He completed 3 years, 6 months, and 3
days of active duty with the 928th TAG/CES, O’Hare ARFF, Illinois, which
should be considered in the computation of his total active duty service.
Applicant’s response is at 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. Applicant’s contention that his active
reserve service should be counted in the computation of his active duty
service for the purposes of CRSC benefits is duly noted. However, after
careful review of the available records, it appears that he has been
credited for all periods of active duty performed, for a total of 19 years
and 4 days. The office of primary responsibility has adequately addressed
the applicant’s contentions with respect to his eligibility for CRSC
benefits and we agree with their findings and adopt the rationale expressed
as the basis for our decision that he has failed to sustain his burden that
he has suffered either an error or an injustice. Absent a showing that his
active duty service for retirement was incorrectly computed, we find no
compelling basis to recommend granting the relief sought.
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-2003-03541
in Executive Session on 10 March 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 6 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 6 Feb 04.
Exhibit E. Letter, Applicant, dated 12 Feb 04.
THOMAS S. MARKIEWICZ
Chair
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