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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