RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02124
INDEX NUMBER: 136.00
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 17 JAN 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be eligible for benefits under the Combat-Related Special
Compensation (CRSC) program.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His separation date of 30 Jun 95 was not a date of his choosing,
but one forced on him from a Reduction in Personnel (RIF) (sic)
provided by Section 4403 of the FY93 National Defense Authorization
Act (PL 102-484). After 19 years and 4 months on active duty, he
was then considered a retiree with full pay and benefits and had he
known that the RIF would affect future pay, compensation, or
benefits he would have tried to stay for the full 20 years of
active duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was retired effective 1 Jul 95, under the Temporary Early
Retirement Authority (TERA). He completed 19 years and 4 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 retired under a Reduction in Force (RIF) after 19 years
and 4 months of active service. Since he did not complete at least
20 years of active service, he is not eligible for compensation
under CRSC, however, DFAS advised that he is eligible and currently
receiving compensation under the Concurrent Retirement and
Disability Payment (CRDP) program.
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 that due to the
Reduction in Force (RIF) he was separated under, is now being
denied the possibility of future pay and compensation under CRSC
even though he was considered a retiree with all other rights.
Applicant’s complete response 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
___________________________________________________________________
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-
02124 in Executive Session on 25 October 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James R. Russell III, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPDC, dated 5 Sep 06.
Exhibit D. Letter, SAF/MRBR, dated 15 Sep 06.
Exhibit E. Letter, Applicant, dated 27 Sep 06.
THOMAS S. MARKIEWICZ
Chair
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