RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01906
            INDEX CODE:  108.07
      XXXXXXX    COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Based on the information provided, it is not clear  what  the  applicant
is requesting.  It appears he is requesting  his  records  be  corrected  to
reflect the following changes to his DD Form 214, Certificate of Release  or
Discharge from Active Duty or his DD Form 217,  Discharge  Certificate:   1)
Item II be changed to PDRL (Permanent Disability Retired List), 2) Item  III
be changed to read PDRL, 3) Item IV be changed to  permanent  released  from
active duty.

2.  He  be  authorized  compensation  under  the  Combat   Related   Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his release from active duty, he was  furnished  a  DD  Form
214, not a DD Form 217.  He does not understand how he could be  discharged
on 6 March 1962, subject to be  recalled  to  active  duty  for  two  years
longer.  He was retired under the provisions of  Title  10,  section  1201,
this retirement eliminated his chance to complete 20 years of service.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 February 1962, a medical evaluation  board  established  Schizophrenic
Reaction, paranoid type as the applicant's diagnoses.

On 6 March 1962, he was placed on the  temporary  disability  retired  list
(TDRL).

On 3 December 1964, he was removed from the  TDRL  and  permanently  retired
from the Air Force in the grade of  technical  sergeant,  after  serving  16
years, 6 months and 25 days on active duty with  a  30  percent  compensable
disability rating.

His original application for CRSC was disapproved on 18  January  2006,  for
Schizophrenia and Parkinson’s disease.   The  original  response  failed  to
indicate he did not meet the basic eligibility  requirements  but  explained
that his conditions were not combat-related  and/or  not  service  connected
according to current CRSC guidelines.  He  provided  additional  information
and it was again disapproved on 4 June 2007 based on the  fact  he  did  not
meet  the  basic  eligibility  requirements  outlined  in  public  law.   No
evidence  was  provided  to  confirm  he  had  met  the  basic   eligibility
requirements.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSDC recommends denial.  DPSDC provides a review  of  the  applicant’s
records and notes 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.   If  a  veteran  fails  to  satisfy  the
preliminary  CRSC  criteria,  no  further  consideration  by  their  service
department is required and  the  application  will  be  denied  accordingly.
DPSDC states the law is very clear on the service requirement  which  states
an eligible combat-related retiree who has completed at least  20  years  of
service in  the  uniform  services  that  are  creditable  for  purposes  of
computing the amount of retired pay to which the member is entitled and  has
a qualifying combat-related disability.  A review  of  the  Defense  Finance
Accounting Services (DFAS) files and  Air  Force  Military  Personnel  files
indicates he retired after 16  years,  6  months,  and  25  days  of  active
service.  Since he did not complete the minimum service requirement,  he  is
not  eligible  for  compensation  under  CRSC.   Several  months   ago,   an
initiative was introduced in Congress to lower the service  requirement  for
this program; however, there has been  insufficient  support  for  approval.
DPSDC  is  monitoring  this  legislative  action  and  if  the   change   is
implemented, they will review previously denied cases, such as this, to  see
if they can be approved under the amended law.  Until such  time  DPSDC  has
no legal authority to award him the compensation  under  this  program,  the
VA.  DPSDC states his condition does not meet  the  mandatory  criteria  for
compensation under the CRSC program.

The complete DPSDC 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  14
September 2007 for review and comment within 30  days.   As  of  this  date,
this office has received no response.  (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.  The applicant  is  requesting  changes  to
his DD Form 214 in order to qualify for compensation  under  the  CRSC  Act.
After a  thorough  review  of  the  evidence  of  record,  we  do  not  find
persuasive evidence that his DD Form 214 was prepared in error  or  that  he
was not afforded all the rights to which entitled at the time of  discharge.
  Title  10,  U.S.C.  authorizes  compensation  for  combat-related  medical
conditions.  The statute requires eligible combat-related disabled  retirees
have at least 20 years of  credible  service.   The  available  evidence  of
record indicates he served  16  years,  6  months  and  25  days  of  active
service; therefore, he does not meet the  preliminary  criteria  established
by law for compensation under the CRSC program.  Accordingly, 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.   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 this application in  Executive
Session on 28 April 2008, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Mr. Alan A. Blomgren, Member






The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2007-01906 was considered:

    Exhibit A.  DD Form 149, dated 9 June 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSDC, dated 5 September 20007.
    Exhibit D.  Letter, SAF/MRBR, dated 14 September 2007.




                                   THOMAS S. MARKIEWICZ
                                   Chair