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AF | BCMR | CY2005 | BC-2005-00569
Original file (BC-2005-00569.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00569
            INDEX NUMBER:  136.01

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  20 AUG 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:

The nine years he was in the Guard should be  added  to  his  total
service time.  Under the Title 32 program, he  was  enlisted  full-
time with both the Air Force and the Wisconsin Air  National  Guard
(WIANG) at the same time.  His Guard  time  was  not  credited  for
retirement purposes.

In  support  of  his  appeal,  applicant  submitted   documentation
associated with his  active  duty  while  in  the  Air  Guard,  his
discharge from the Guard, placement  on  the  Temporary  Disability
Retired List and subsequent permanent  retirement  for  disability,
and copies of ANG/USAFR Point Credit Summaries.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant, a Guardsman,  was  permanently  retired  for  disability
effective 30 Dec 90, with a disability rating of  30%.   ARPC  Form
168, prepared on 8 Apr 05, reflects he was credited with a total of
18 years, 9 months, and 22 days of  satisfactory  federal  service,
which includes his 8 years, 11 months, and 22 days  of  service  in
the Air Guard (12 Apr 80 through 3 Apr 89).

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, that  applicant  does  not  meet  the  minimum  criteria  for
application and approval of CRSC.  He has not met the  requirements
of 20 years or more qualifying service and be receiving  retirement
pay.

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  include  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 May 05 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.   After  careful
review  of  the  evidence  of  record  and   applicant’s   complete
submission, it appears the applicant has  been  credited  with  all
active, inactive, Reserve and Regular service creditable under  the
governing regulation  and  laws  in  effect  at  the  time  of  his
disability retirement.  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.   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 Docket Number BC-2005-
00569 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 7 Feb 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 4 May 2005.
    Exhibit D.  Letter, SAF/MRBR, dated 13 May 2005.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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