RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00931
INDEX NUMBER: 136.00
XXXXXXX XXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 SEP 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant’s request is not clear; however, it appears he
requests his record be corrected to reflect 20 years of service to
qualify for benefits under the Combat-Related Special Compensation
(CRSC) program.
___________________________________________________________________
APPLICANT CONTENDS THAT:
It appears the applicant is contending that his constitutional
rights under the 14th amendment of U.S. Constitution are being
violated. To not include all disabled veterans of 100% service-
connected disability for over the last 35 years as a constructive
notice is evidence of an injustice. Case warrants tort claims of
Title 28 USCA Sections 2671 et seq., 1346(b) of gross negligence.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was permanently retired for disability effective
7 May 73, with a disability rating of 50%. He completed 2 years
and 11 months 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 and 11 months 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:
Applicant reiterated his original contentions and continues to give
notice of his intentions to challenge Public Law 107-314 as an
unconstitutional statute in Federal Court.
Applicant’s complete response, with attachments, is at Exhibit E.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 its 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-2006-
00931 in Executive Session on 25 October 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, 200Chair
Mr. James R. Russell III, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Mar 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPDC, dated 14 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
Exhibit E. Letter, Applicant, dated 3 Jul 06.
THOMAS S. MARKIEWICZ
Chair
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