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AF | BCMR | CY2005 | BC-2005-01631
Original file (BC-2005-01631.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01631
            INDEX NUMBER:  136.00

      XXXXXXXXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  20 NOV 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

It appears the applicant is  requesting  that  he  be  entitled  to
Combat-Related Special Compensation (CRSC) benefits.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the late results of the Department of Veterans Affairs (DVA)
decision to increase his disability rating to 100%, the  Air  Force
based their decision on what they had.   New  information  has  now
been mailed on his behalf.

In support of his appeal, applicant submitted a copy  of  his  CRSC
decision; a copy of his DVA decision and rating, dated 28  Jul  03;
DD Form 214, dated 15 Jul  75,  and  other  awards  and  decoration
documents.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant’s name was placed on  the  Temporary  Disability  Retired
List (TDRL) effective 16 Jul 75.  At that time,  he  had  completed
7 years, 4 months, and 28 days of active federal military  service.
He was permanently retired for disability effective 11 Dec 79, with
a disability rating of 30%.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, although his condition may be service-connected, since he did
not retire with at least 20 years of  active  service,  he  is  not
eligible for compensation under CRSC.

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 22 Jul 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.  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-
01631 in Executive Session on 12 October 2005, under the provisions
of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Christopher D. Carey, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPDC, dated 18 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Jul 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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