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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