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AF | BCMR | CY2009 | BC-2006-02598
Original file (BC-2006-02598.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02598
                                        INDEX CODE:  108.00

                 COUNSEL:  NONE

                                        HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  deceased  spouse’s  military  records  be  corrected  to  show  he  had
accumulated 20 qualifying years of service establishing his eligibility  for
Concurrent Retirement and Disability Payments (CRDP).

_________________________________________________________________

RESUME OF CASE

On 25 August 2006, the decedent requested his date of separation be  changed
to one that would enable him to qualify for a Reserve retirement at age  60.
 On 28 September 2006, AFPC/JA recommended the Board correct the  decedent’s
records to show he separated from the Air National Guard  (ANG)  on  11  May
2006, rather than 24 April 2006.  The Board, on  25  October  2006,  granted
the request and directed the recommended change be made  to  the  decedent’s
records (Exhibit A).

Eligibility rules for the  receipt  of  CRDP  require  a  Reserve  component
member to be receiving Reserve retired pay.  As the decedent  did  not  live
until age 60, he did not meet this requirement.  The  earlier  Board  action
to change his date of separation enabled him to reach 20 satisfactory  years
of Reserve service  allowing  his  widow  to  receive  a  Reserve  Component
Survivor Benefit Plan (RCSBP) annuity.  In a letter to her congress  person,
the applicant asks for a thorough review of her deceased  husband’s  records
with regard to his eligibility for CRDP.

Applicant’s complete submission, with attachments, is at
Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPP recommends denial.  DPP states  the  member  did  not  live  long
enough to draw retired pay and he, therefore, did not qualify for CRDP.

DPP’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  states  it  is  her  understanding  that  CRDP  makes   no
distinction between retirement systems, only whether the member reached 20
years of satisfactory service.  As her deceased  husband  had  reached  20
years of satisfactory service towards a Reserve retirement at age  60  and
met the remaining requirements for receipt of CRDP, he  should  have  been
qualified to participate in the CRDP.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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,  including  her
rebuttal statement, but we remain unpersuaded she has been the  victim  of
an error or injustice.  While she is correct in her  statement  that  CRDP
makes no distinction between retirement systems,  her  argument  fails  in
that, while 20 years of service is a determinate of  eligibility  –  along
with other eligibility factors – CRDP is first and foremost an  offset  to
retired pay.  Consequently, as the decedent never received retired pay, he
was not eligible to participate in the CRDP  program.   CRDP  removes  the
dollar-for-dollar offset of the  Department  of  Veteran’s  Affairs  (DVA)
disability pay from a member’s retired pay.  In the past, retired  members
qualified to receive disability payments from the DVA  had  their  retired
pay offset by the amount they received from the  DVA.   CRDP  now  ensures
that veteran’s receiving DVA disability payments will no longer have their
retired pay reduced by the amount of DVA disability pay they receive.

The action by a previous board to change the decedent’s date of separation
(DOS) was taken only to allow the applicant the opportunity to receive  an
RCSBP annuity – which she does.   The  previous  board’s  action  did  not
result in the decedent receiving Reserve retired pay - it  only  made  him
eligible to  receive  retired  pay  when  he  reached  60  years  of  age.
Unfortunately, the member died before he turned 60  years  old  and  thus,
there is no retired pay to offset.  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  probable  material  error  or  injustice;  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 18 November 2009, under the provisions of AFI 36-2603:



The following documentary evidence was considered:

    Exhibit A.  Memorandum for the Chief of Staff, dated
                25 Oct 06, w/atchs.
    Exhibit B.  Letter, Applicant, dated 24 Nov 08.
    Exhibit C.  Letter, ARPC/DPP, dated 6 Aug 09.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Oct 09.
    Exhibit E.  Letter, Applicant, dated 31 Oct 09.





                                        Panel Chair

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