RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03855
		INDEX CODE:  108.07
	 	COUNSEL:  NONE
		HEARING DESIRED: NO 

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APPLICANT REQUESTS THAT:

His record be corrected to show he completed 20 years of active 
duty and his disability retirement changed to a longevity 
retirement so he can qualify for benefits under the Combat 
Related Special Compensation (CRSC) Act or for Concurrent 
Retirement and Disability Payment (CRDP).  

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APPLICANT CONTENDS THAT:

He was forced out three weeks prior to his 20-year retirement.  
He served his country with honor and earned a 20-year career.   

In support of his request, the applicant provides a personal 
statement and, copies of his DD Form 214, Certificate of Release 
or Discharge from Active Duty, and a newspaper clipping of a 
Marine Corps amputee returning to combat duty.  

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

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served as a Law Enforcement Craftsman and received a permanent 
disability retirement effective 6 August 1994.  

On 20 January 1994, an Informal Physical Evaluation Board (IPEB) 
reviewed the applicant’s medical condition of pseudoarthrosis of 
spinal fusion at L4-5 level with loosening of pedicle screws and 
severe low back pain.  In the opinion of the IPEB, the 
deterioration of his condition overcame the presumption of 
fitness as defined by Air Force Regulation 35-4, paragraph 3-33, 
and they recommended permanent retirement with a disability 
rating of 40 percent.  On 9 February 1994, the applicant non-
concurred and requested a Formal Physical Evaluation Board 
(FPEB).  On 17 March 1994, after review of the findings with 
counsel, the applicant elected to waive his earlier election to 
demand a formal hearing and accepted the recommended findings of 
the IPEB.  His military personnel records reflect he completed 
19 years, 11 months, and 8 days of active duty service.  

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AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD states the preponderance of 
evidence reflects that no error or injustice occurred during the 
disability process or at the time of separation.  The applicant 
elected to waive his right to have a formal hearing of his case.  
Had he elected a formal hearing, he had one more appeal option 
to have his case reviewed by the Secretary of the Air Force 
Personnel Council (SAFPC).  Had he elected both of these 
options, he might have extended out the finalization date of his 
case and made the 20 years of active service.  He did not elect 
either of these options.  

The complete DPSD evaluation is at Exhibit C.  

AFPC/DPPD states that in accordance with 2008 revisions, 
military members retired with less than 20 years of service, who 
are receiving retirement pay, are now eligible to apply for 
CRSC.  DPPD states they have not received a claim from the 
applicant; therefore, they have mailed him a Department of 
Defense Form 2860, Claim for Combat-Related Special 
Compensation.  Upon receipt of his signed claim and supporting 
documents, they will process his request accordingly.  

DPPD indicates the CRSC program was established to provide 
compensation to certain retirees with combat-related 
disabilities that qualify under the criteria set forth in Public 
Law 107-314, Subtitle D, Section 636.  If the veteran fails to 
satisfy the preliminary CRSC criteria, no further consideration 
by their service department is required and the application will 
be denied accordingly.  If the veteran satisfies the preliminary 
CRSC criteria, the application is reviewed for combat-related 
determination.  In order to determine a disability is combat-
related, there must be objective documentary evidence to show 
the disability is the direct result of a combat event or events, 
or performance of duty simulating war, or caused by hazardous 
service or an instrumentality of war.  In addition, there are 
other conditions that are considered presumptive of Agent 
Orange, Radiation, Mustard Gas, or Prisoner of War interment, by 
the Department of Veterans Affairs (DVA), which also qualify for 
CRSC.  

The complete DPPD evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The main reason he applied to the Board is because of the 
miscarriage of justice in the handling of his retirement.  He 
had every intention of contesting the IPEB recommendation as he 
was set to retire effective 28 August 1994; however, his fellow 
senior non-commissioned officers, including his First Sergeant, 
told him to let it go, so he waived his right to a FPEB.  It was 
indicated to him that he would be placed on casual status for 
the final weeks of his career.  

Even though his Veterans Service Officer suggested he could 
qualify for CRSC, his research into the qualifications suggests 
that he is not.  Although back injuries in response to 
Operational Readiness Inspections and other inspections (he 
stood on the tarmac for many hours) could be a contributing 
factor, he would disagree and not categorize himself as having 
sustained a true combat-related injury like his fellow veterans 
who served in a war zone.  However, he does feel he is entitled 
to CRDP.  

The applicant’s complete rebuttal is at Exhibit D.  

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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 note the 
applicant is asking for his records to be changed to show he 
completed 20 years of active duty so he can qualify for benefits 
under the CRSC Act or for CRDP.  While the requirements for CRSC 
was revised in 2008 to include military members who retired with 
less than 20-years of service and receiving retirement pay, the 
applicant does not qualify for CRSC because his injuries were 
not combat-related.  This is supported by the applicant’s own 
admission that his disability is not combat-related.  In regard 
to his request for CRDP, we note that he does not meet the 
requirements for CRDP because he did not complete 20 years of 
active military service.  The evidence of record indicates he 
received a disability retirement at 19 years, 11 months, and 
8 days of active duty after being processed through the 
Disability Evaluation System (DES).  The applicant asserts he 
was told by his first sergeant that he would be continued in a 
casual status for the final weeks of his career; however, he has 
not provided evidence to support this contention.  Therefore, we 
agree with the opinions and recommendations of the Air Force 
offices of primary responsibility and adopt their rationale as 
the basis for our conclusion that the applicant has not been the 
victim of an error or injustice.  In the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application.

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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.

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The following members of the Board considered Docket Number BC-
2008-03855 in Executive Session on 2 March 2010, under the 
provisions of AFI 36-2603:

            

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2008-03855 was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 08, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSD, dated 26 Jan 09.
    Exhibit D.  Letter, AFPC/DPPD, dated 26 May 09, w/atchs.
    Exhibit E.  Letter, AFPC/DPSOR, dated 10 Jul 09, w/atchs.
    Exhibit F.  Letter, SAF/MRBR, dated 14 Aug 09.
    Exhibit G.  Letter, Applicant’s Rebuttal, dated 7 Sep 09.




                                   
                                   Panel Chair