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AF | BCMR | CY2007 | BC-2007-01096
Original file (BC-2007-01096.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01096
            INDEX CODE:  136.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  corrected  to  reflect  his  eligibility  for   Concurrent
Retirement and Disability Pay (CRDP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His medical records indicate he  was  diagnosed  in  1971  with  a  diabetic
condition.  He was retired due to  his  diabetic  condition.   His  Veterans
Administration (VA) rating is 10 percent.

In support of his request, applicant provided a copy of  his  DD  Form  214,
Report of Separation from Active Duty,  a  Physical  Profile  Serial  Report
form, retired pay newsletter, VA  disability  claim  June  1977,  AFPC/DPPDC
letter dated 2 Nov 06, and an excerpt from the Afterburner.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was honorably retired from the Regular Air Force effective 31  Jan
77 in the grade of Major.  He completed 20 years and  10  months  of  active
military service.

EXAMINER’S NOTE:  The Concurrent Retirement and  Disability  Payment  (CRDP)
program, established by Public Law (PL) 108-136,  provides  compensation  to
certain retirees  with  service-connected  disabilities  of  50  percent  or
higher, with the exception of disability retirees with less  than  20  years
of service, and retirees who  have  combined  their  military  and  civilian
service time to qualify for a civil service retirement.

_________________________________________________________________


AIR FORCE EVALUATION:

The Defense Finance  and  Accounting  Service  (DFAS-RPB-TQAL/CL)  indicated
that the applicant is not eligible  for  CRDP.   The  CRDP  was  created  by
section 641 of Public Law 108-136 effective 1 Jan 04.  A limitation of  this
program  is  that  the  member  must  be  in  receipt  of   DVA   disability
compensation  rated  at  50  percent  or  greater.   Evidence  submitted  by
applicant indicated that he  has  been  rated  by  the  DVA  as  10  percent
disabled.  The applicant can apply to the DVA  to  increase  his  disability
rating.

A complete copy of the DFAS-RPB-TQAL/CL evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Apr 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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-2007-
01096 in Executive Session on 5 June 2007, under the provisions of  AFI  36-
2603:


            Mr. Thomas S. Markiewicz, Chair
            Ms. Marcia Jane Buchman, Member
            Ms. Mary C. Puckett, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01096 was considered:

    Exhibit A.  DD Form 149, dated 31 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS, dated 12 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Apr 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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