RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01544
INDEX NUMBER: 136.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 NOV 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to Combat-Related Special Compensation (CRSC)
benefits.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He retired after 19 years and 9 months of active duty service under
the Temporary Early Retirement Authority (TERA). He does not know
Congress’s specific reasoning behind the 20-year requirement. It
seems if a member was injured during combat or combat-related
training, they are just as deserving whether they retired with
20 years, or 19 years and 9 months, as in his case.
Congress authorized the DOD to implement TERA to assist in the
downsizing of the military in the early 1990s. He and other
personnel were asked to retire early to help solve a critical
budget problem facing the DOD. They took significant risks in
retiring early and there were no negative stigmas associated with
leaving early under TERA, and they felt they were doing a good
service for their country. Additionally, they were advised that
they would be eligible for all benefits due a retiree with 20 years
of service.
He asks for a review of his circumstances and hopefully leaving
active duty three months early will not result in a penalty to a
deserving veteran.
In support of his appeal, applicant submitted a personal statement
and copy of his CRSC application and decision, with attachments.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was retired effective 1 Aug 94, under the Temporary Early
Retirement Authority (TERA). He completed 19 years, 9 months, and
1 day of active federal military service.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, a review of veteran’s personnel files shows that he is
currently not eligible for compensation under CRSC since he did not
serve 20 years or more of active duty. He does not meet the
mandatory criteria for compensation under the CRSC program as
outlined under the provisions of Public Law 107-134.
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 July 2005 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit E).
Applicant provided a change of address by letter, dated 27 Jul 05.
___________________________________________________________________
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 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.
___________________________________________________________________
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-
01544 in Executive Session on 13 January 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 18 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 22 Jul 05.
THOMAS S. MARKIEWICZ
Chair
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