RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03265
            INDEX NUMBER: 128.14

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  24 APR 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be  corrected  to  reflect  20  years  of  satisfactory  federal
service to qualify for Combat-Related Special Compensation (CRSC) benefits.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was denied CRSC and Concurrent Receipt of Disability Pay  (CRDP)  because
he did not have 20 years of active duty service or  7200  points.   However,
under the 1 January 2004 change in law,  a  reservist  can  retire  with  20
years of satisfactory federal service and less than 7200 points.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was permanently retired for  disability  effective  19 July  1973,
with a disability rating of 80%.  He completed 11 years, 9  months,  and  20
days of active federal military service.  He completed 21 years,  4  months,
and 9 days of total service for basic pay.

On 21 April 2004, his original CRSC application was disapproved  because  he
did not provide any documentation to support that his  conditions  were  the
direct result of hazardous service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating,  in  part,  that
the applicant does not qualify for CRSC since he retired  under  Chapter  61
and did not complete  20  years  of  active  service.   If  he  had  elected
retirement as a reservist instead of retirement under Chapter 61,  he  would
have been eligible to apply for 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 AFPC/DPPD evaluations are at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Since submitting his application he has been found qualified for CRDP  based
upon his federal service and disability.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AF/JAA recommends denial of applicant’s request stating, in  part,  that  in
January 2004, CRSC II, superseded CRSC I, relaxing  preliminary  eligibility
requirements.  Under CRSC II the first preliminary requirement is  that  the
member has retired with an active duty  retirement  of  20  years  or  is  a
reservist entitled to retirement (20 years of military service)  and  is  at
least age 60.  In addition, although Chapter 61 retirement may result  in  a
reduction in CRSC payments, it is not a disqualification for receiving  CRSC
payments.  In the applicant’s case, he is not eligible for CRSC because  his
disability was not received in the line of duty as a direct result of  armed
conflict.  As indicated on his retirement  order,  his  disability  was  not
received in line of duty as a direct result of armed conflict or  caused  by
an instrumentality of war.

The AF/JAA evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  18
January 2006, for review and response, within 15 days.  However, as of  this
date, no response has been received by this office.

_________________________________________________________________

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 opinions and recommendation of the Office  of  The  Judge  Advocate
General and adopt their rationale as  the  basis  for  our  conclusion  that
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-2004-03265
in Executive Session on 21 February 2006, under the provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. James W. Russell, III, Member
                       Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 29 Nov 04.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Dec 04.
    Exhibit E.  Letter, Applicant, dated 13 Dec 04, w/atchs.
    Exhibit F.  Letter, AFBCMR, dated 27 Dec 05.
    Exhibit G.  Letter, AF/JAA, dated 12 Jan 06.
    Exhibit H.  Letter, AFBCMR, dated 18 Jan 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair