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AF | BCMR | CY2005 | BC-2005-01770
Original file (BC-2005-01770.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01770
            INDEX NUMBER:  136.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  31 DEC 2005


___________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  entitled  to  Combat-Related  Special  Compensation  (CRSC)
benefits.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Although he retired under the  early  retirement  program,  he  was
assured at the time by his recruiter  and  his  commanding  officer
that he would lose  no  benefits  besides  a  slight  reduction  in
retirement pay; that’s why he accepted it.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was retired effective 1 Jul 95, under the Temporary Early
Retirement Authority (TERA).  He completed 16 years, 10 months, and
13 days of active federal military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRRP  recommends  denial  of  the  applicant’s  request.
Applicant retired under the Temporary  Early  Retirement  Authority
(TERA) on 1 Jul 95 with 16 years, 10 months, and 13 days  of  Total
Active Federal Military Service  (TAFMS).   Denial  of  applicant’s
request is based on insufficient creditable service  for  which  to
qualify  for  CRSC.   Applicant  has  submitted  no  evidence   for
additional creditable service to support his request for CRSC.

The complete evaluation is at Exhibit C.

HQ AFPC/DPPD recommends denial of applicant’s request  stating,  in
part, applicant’s personnel files show that  he  is  currently  not
eligible for  compensation  under  CRSC  since  he  did  not  serve
20 years or more of active duty.  Additionally,  applicant  retired
in 1995,  several  years  before  the  establishment  of  the  CRSC
program.

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 D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 8 Jul 05 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

___________________________________________________________________

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  noted  the
applicant's complete submission in judging the merits of the  case;
however, we agree with the opinions and recommendations of the  Air
Force offices of primary responsibility and adopt  their  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.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-
01770 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 15 Mar 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRRP, dated 21 Jun 05, w/atchs.
    Exhibit D.  Letter, HQ AFPC/DPPD, dated 29 Jun 05.
    Exhibit E.  Letter, SAF/MRBR, dated 8 Jul 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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