RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04302
            INDEX NUMBER:136.01

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he completed over 20 years
of active service.

In his 29 Feb  04  rebuttal,  applicant  requested  unemployability
benefits  under  the  Combat-Related  Special  Compensation  (CRSC)
program.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His over 19 years of service qualifies  him  to  have  his  records
changed to reflect completion of 20 years of active service.

Prior to reaching 20 years of service in Sep 66, he began  to  make
arrangements  for  retirement.   After  a  physical  exam,  he  was
admitted to the hospital for further tests.  The results determined
he should be evaluated by a Physical Evaluation Board  (PEB).   The
PEB recommended  permanent  retirement  in  Jun  66;  however,  his
20 years of service retirement was only three months down the road.
 He was advised that 19 ½ years of service is computed as 20 years,
which he had surpassed in Mar 66.  Being assured that this would in
no way diminish  any  future  entitlements  as  a  retired  20-year
veteran, he agreed to the process and signed his PEB.

In support of his appeal, applicant submitted a personal statement;
a copy of his Disability Counseling worksheet  and  AF  Form  1180,
Recommended Findings of Physical Evaluation Board Modified Hearing,
dated 2 May 66, and a copy of his Certificate of Retirement,  dated
11 Jun 66.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant  was  permanently  retired   for   disability   effective
11 Jun 66, with a disability rating of 60%.  He completed 19 years,
8 months, and 13 days of active federal military service.

Service Credit Rounding of Months  -  For  percentage  purposes  in
computing retired or retainer pay,  a  member  who  retired  before
1 Jan 82, received credit for any fractional part of  a  year  that
was six months or more as an additional year.   Any  portion  of  a
year that was less than six months was disregarded.   This  applies
to any member who, before 1 Jan 82:

     (1) Applied for retirement;
     (2) Applied for transfer to  the  Fleet  Reserve/Fleet  Marine
Corps Reserve;
     (3) Was being processed for retirement under the provisions of
10 USC Ch 61 (reference c; or
     (4)  Was  on  the  Temporary  Disability  Retired   List   and
thereafter retired under the provisions of 10 USC 1210, c or (d).

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, the applicant was treated fairly  throughout  the  Disability
Evaluation System (DES) and properly rated under federal disability
guidelines as required by military laws and policy in effect at the
time  of  his  retirement.   Records   reflect   applicant’s   CRSC
application was  initially  disapproved  due  to  his  records  not
showing he had 20 years of active service.   Based  on  a  USAF/JAA
ruling which changed  the  interpretation  concerning  the  20-year
eligibility criteria for members who retired prior  to  1  Jan  82,
applicant’s CRSC application was  again  considered;  however,  his
application was denied based on a determination  that  his  service
connected medical conditions were not considered combat related.

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:

Applicant reiterated his original contentions and further explained
his  request.   Additionally,  he  clarified  his  request  to   be
considered for the unemployability part of  the  compensation,  not
based on combat-related service-connected disabilities.

Applicant’s complete response, with attachments 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 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  careful
review  of  the  evidence  of  record  and   applicant’s   complete
submission, it appears the applicant has  been  credited  with  all
active service creditable under the governing regulation  and  laws
in effect at the time of  his  disability  retirement.   Disability
retirements are not voluntary.  When  the  disability  decision  is
finalized, the member is  expeditiously  separated.   There  is  no
opportunity to choose to stay longer though the member  can  choose
length of service in lieu of disability  retirement,  if  eligible.
Furthermore, based on the laws in effect at the time of applicant’s
retirement, his 19 years, 8 months, and 13 days of  active  service
were rounded up to 20 years for the purposes of computation of  his
retired pay.  Based  on  the  foregoing,  and  in  the  absence  of
evidence to the contrary, we find no basis to  recommend  favorable
consideration of the applicant’s request to change his  records  to
reflect he completed 20 years of active service.

4.  Applicant’s request for unemployability under the CRSC  program
is noted.  However, this Board’s authority is limited  to  what  is
allowed by law.  In this regard, the  statute  governing  the  CRSC
program   currently   does   not   provide   for    unemployability
compensation.

___________________________________________________________________



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-2003-04302 in Executive Session on 14 December 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 9 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 4 Feb 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, Applicant, dated 29 Feb 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair