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AF | BCMR | CY2006 | BC-2006-00931
Original file (BC-2006-00931.DOC) Auto-classification: Denied


                       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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