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AF | BCMR | CY2006 | BC-2005-03916
Original file (BC-2005-03916.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03916
            INDEX NUMBER: 136.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  26 JUN 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

The reason there are not a lot of disabled  veterans  applying  for
CRSC is because there are not many who can meet the  criteria.   He
did not complete his 20 years because he was medically  discharged.


He applied for and was turned down for CRSC based  on  the  20-year
rule.  He does not think it’s fair,  if  a  person  who  joins  the
military, intending on making a career of it, gets hurt and  has  a
service-connected  disability  rating  of  a  100%,  who  is   then
honorably, medically, discharged  before  completing  20  years  of
service and cannot qualify for CRSC.  Nor, if a  person  who  meets
all of the other qualifications (except) the 20-year rule  thru  no
fault of his or her own and do not qualify.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant  was  permanently  retired   for   disability   effective
31 Dec 1954, with  a  disability  rating  of  100%.   He  completed
2 years, 10 months, and 17 days of active federal military service.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, a review of  the  Defense  Finance  and  Accounting  Services
(DFAS) files and  Air  Force  Military  Personnel  files  indicates
applicant was medically retired  after  2  years,  10  months,  and
17 days of active service.  Since he did not complete at  least  20
years of active service, he is not eligible for compensation  under
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 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 10 Mar 06 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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-
03916 in Executive Session on 24 April 2006, under  the  provisions
of AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPDC, dated 6 Mar 06.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Mar 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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