RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00384
INDEX NUMBER: 136.01
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 AUGUST 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect 20 years of service to qualify
for benefits under the Combat-Related Special Compensation (CRSC)
program.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His records are wrong in reference to 20 or more years of service.
He had over 20 years for retirement purposes. He was released from
active duty on 22 Nov 02, after returning from Saudi Arabia, went
into the Reserve and retired on 18 Dec 03.
In support of his appeal, applicant submitted a personal statement;
a copy of his ANG/USAFR Point Credit Summary, dated 26 Feb 04; his
Retirement Order, dated 28 Oct 03; a copy of his Notification of
Eligibility for Retired Pay at Age 60, dated 28 Oct 03, and a copy
of his Reserve Retired ID card.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant, a Reservist, was transferred to the Retired Reserve
Section, effective 18 Dec 03. He completed 20 years of
satisfactory federal service and will be entitled to retired pay
upon application at age 60. Applicant’s date of birth is 23 March
1956.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, the veteran was a member of the Air Force Reserve and has not
yet reached the age of 60. Since the applicant does not meet the
basic eligibility guidelines, he may not apply for and receive
compensation at this time. Once he reaches age 60 (Mar 2016), he
may reapply and will be considered for CRSC under the guidelines in
place at that time.
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 25 March 2005 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.
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, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. The applicant completed 20 years
of satisfactory federal service; however, he has not yet attained
age 60 and is not receiving retired pay. Therefore, he is
currently not eligible for CRSC compensation. Once he reaches age
60 (23 March 2016), he may reapply and will be considered for CRSC
under the guidelines in place at that time. Based on the
foregoing, and 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 Docket Number BC-2005-
00384 in Executive Session on 23 June 2005, 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 27 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 18 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
THOMAS S. MARKIEWICZ
Chair
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