RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00772
            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  qualify  him  for  Combat-Related   Special
Compensation (CRSC) benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It is unfair to penalize him  because  he  can  improve  his  civil  service
retirement by using his military service.

He was denied CRSC because he is not currently  receiving  military  retired
pay since he waived it in order to credit his military service for  purposes
of a civil service retirement.  He is entitled to retired pay,  served  over
20 years honorably, is retired, and has a war time disability rating.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was voluntarily retired on 1 August  1982  for  years  of  service
established by law.  He completed 21 years, 11 months, and 1 day  of  active
federal military service.

His CRSC application was disapproved on 7 October 2004, because  he  is  not
currently receiving military retired pay since he  waived  it  in  order  to
receive credit for civil service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating,  in  part,  that
he does not qualify for CRSC since he is not  currently  receiving  military
retired pay.  The applicant waived his military  retired  pay  in  order  to
receive credit for civil service.  If he rescinds  his  waiver  of  military
retired pay for civil service credit and waives his retired pay  to  receive
Department of Veterans Affairs (DVA) compensation, he may reapply for  CRSC.
 Applicant’s Diabetes Mellitus is currently  an  approvable  CRSC  condition
due to his exposure to Agent Orange while in Vietnam; however, there  is  no
indication his  hypertension  is  related  to,  or  was  aggravated  by  the
condition.

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:

A complete copy of the evaluation was forwarded  to  applicant  on  15 April
2005 for review and response, with 30 days.  However, as of  this  date,  no
response has been received by this office.

_________________________________________________________________

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  he
waived military retired pay for the purposes of a civil service  retirement,
and is not actually drawing retirement pay.

The AF/JAA evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The ruling on “receiving retirement pay” is discriminatory  towards  retired
military personnel trying to increase their  retirement  through  legitimate
channels.  As military retirees, they did  not  receive  adequate  pay  when
they served and when they retired, they do  not  receive  adequate  pay  for
retirement.  Although the evaluation indicates there is no evidence that  he
is  receiving  Veterans  Administration  (VA)  disability  pay,  he  submits
documentation from the Department of Veterans Affairs  (DVA)  indicating  he
is receiving disability pay.

Applicant’s complete responses, with attachment, are at Exhibits G and H.

_________________________________________________________________

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 23 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Apr 05.
    Exhibit E.  Letter, AF/JAA, dated 12 Jan 06.
    Exhibit F.  Letter, AFBCMR, dated 18 Jan 06.
    Exhibit G.  Letter, Applicant, dated 26 Jan 06, w/atch.
    Exhibit H.  Letter, Applicant, dated 9 Feb 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair