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AF | BCMR | CY2006 | BC-2006-03312
Original file (BC-2006-03312.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03312
            INDEX NUMBER:  136.00

      XXXXXXXXX  COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  30 APR 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be  eligible  for  benefits  under  the  Combat-Related  Special
Compensation (CRSC) program.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He waived only his disability pay not his military  retirement  pay
in order to receive credit for his military service for purposes of
a civil service retirement.

In support of his appeal, applicant submitted a copy of his  denial
letter, dated 13 Oct 06.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant  was  permanently  retired   for   disability   effective
31 Jan 72, with a disability rating of 40%.  He completed 20 years,
and 8 days of active federal military service.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, applicant’s CRSC application was disapproved on  19  Oct  06.
A review of the Defense  Finance  and  Accounting  Services  (DFAS)
files indicates applicant waived his  military  retirement  pay  in
order to receive  credit  for  Civil  Service.   Since  he  is  not
receiving  military  retirement  pay,  he  may  not  receive   CRSC
compensation at this time.

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 15 Dec 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 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-
03312 in Executive Session on 17 January 2007, under the provisions
of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Alan A. Blomgren, Member
      Mr. James R. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Oct 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPDS, dated 8 Dec 06.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Dec 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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