RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03936 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His date of separation (DOS) be adjusted to reflect he completed 
20 years of total active service so he would qualify for the 
Concurrent Retirement and Disability Pay (CRDP) program. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He and his family faithfully served in the Air Force for 
19 years and 7 months before he was retired due to circumstances 
beyond his control. 

 

At the time of his retirement he became ill, which required 
hospitalization. The hospitalization prevented him from 
completing the five months of service required to complete 
20 years. 

 

He does not want his family penalized for the rest of his life 
due to his illness. The Board should recognize the injustice of 
this unique situation and correct it to allow him and his family 
to receive the retirement benefits they deserve for their 
honorable devotion and service to the Air Force. 

 

In support of his request, the applicant provides a copy of the 
Department of Veterans Affairs Rating Decision and his DD Form 
214, Certificate of Release or Discharge from Active Duty. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served on active duty in the Regular Air Force 
from 5 Nov 80 to 4 Jun 96. He retired in the grade of master 
sergeant after serving 19 years and 7 months of active service. 
His narrative reason for separation was “Disability, Temporary.” 

 


 

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letters prepared by the appropriate offices of the Air 
Force at Exhibits C and D. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSD recommends denial. DPSD states to qualify for 
CRDP, members must have a minimum of 20 years active service. 
The applicant does not have the required 20 years of active 
service time and does not meet the eligibility requirements for 
CRDP. 

 

The complete DPSD evaluation is at Exhibit C. 

 

HQ AFPC/JA recommends denial. JA states that after reviewing 
the applicant's claim and the evidence available in this case, 
it is their opinion that there is no legal basis for the AFBCMR 
to alter the applicant’s service dates to allow him to receive 
CRDP. 

 

Qualification for CRDP requires at least 20 years of creditable 
service. Creditable retirement service for the purpose of CRDP 
eligibility is based upon the so-called “1405 service date" 
which is calculated by adding years of active service and years 
of reserve time. At the time of the applicant's disability 
retirement, he had 19 years and 7 months of active service and 
his military records do not reflect any period of active reserve 
time. The applicant does not contest in his application that he 
had any additional active military service time other than his 
19 years and 7 months of recorded active military service. 
Accordingly, in order to benefit from the CRDP legislation, he 
would need to be credited with an additional five months of 
active military service. 

 

During the initial processing of his disability case file in Mar 
96, he concurred with the Informal Physical Evaluation Board 
(PEB) findings and recommendation that he be temporarily retired 
and placed on the Temporary Disability Retirement List (TDRL). 

 

By accepting the IPEB's Mar 96 findings, the applicant waived 
his entitlement to a Formal PEB. This waiver served as a 
voluntary and intentional relinquishment of his rights and 
privileges to contest the IPEB's findings, and there is no 
reason to doubt its legal efficacy in the applicant's case. 

 

Once a PEB determines a member is unfit, separation from the Air 
Force occurs quite quickly. There is no provision that permits 
a member to remain on active duty for the purpose of obtaining 
the requisite 20 years of service for a typical military 


retirement. In this case, the time frame between the IPEB's 
unfit determination and the applicant's established retirement 
date on 4 Jun 96 was approximately two and a half months. The 
applicant has failed to demonstrate that there is any statutory 
or regulatory authority which exists that would have allowed him 
to remain on active duty beyond that date. 

 

The complete JA evaluation is at Exhibit D. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant states that he finds his ineligibility for CRDP to 
be unjust because he was medically retired five months before 
completing 20 years. If even one Air Force member has been 
credited additional service to reach 20 years of credible 
service and meet the requirements for CRDP, then it would be 
unjust for the Board to deny him the same benefit. 

 

The applicant's complete response is at Exhibit F. 

 

________________________________________________________________ 

 

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 took notice 
of the applicant's complete submission in judging the merits of 
the case, to include his response to the Air Force evaluation; 
however, 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. Absent persuasive 
evidence that he was denied rights to which he was entitled or 
treated differently from others similarly situated, we find no 
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 10 Apr 12, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-03936: 

 

 Exhibit A. DD Form 149, dated 3 Oct 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 5 Dec 10. 

 Exhibit D. Letter, AFPC/JA dated 16 Dec 11. 

 Exhibit E. Letter, SAF/MRBR, dated 3 Jan 12. 

 Exhibit F. Rebuttal, Applicant, dated 18 Jan 12. 

 

 

 

 

 

 Panel Chair