AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-01129 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
A  statement  be  added  to  his  record  stating  had  he  not  become 
disabled, he would have had a very good chance of remaining in 
the  Air  Force  for  20  years  in  order  to  qualify  for  Concurrent 
Retirement and Disability Pay (CRDP) 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  retired  with  an  80  percent  disability;  however,  he  does  not 
have  enough  total  active  service  to  qualify  for  CRDP.    He 
contacted  the  CRDP  organization  and  was  informed  that  if  they 
received a statement to consider him as a 20-year retiree, had he 
not been disabled, he would have a very good chance of qualifying 
for CRDP. 
 
He had to retire after serving 14 years and 10 months of active 
duty with the Air Force, and approximately 2 years of active duty 
with the Navy. 
 
He  had  a  wonderful  military  career;  he  achieved  numerous 
accolades for his performance.  His assignments were numerous as 
he was trained in a variety of highly responsible activities. 
 
In  support  of  his  request,  the  applicant  provides  a  personal 
statement, and copies of his DD Forms 214, Certificate of Release 
or  Discharge  from  Active  Duty  and  Armed  Forces  of  the  United 
States  Report  of  Transfer  or  Discharge,  a  Court  Order  for  name 
change,  Officer  Performance  Reports  (OPRs),  and  a  summary  of 
disability. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant enlisted in the Regular Air Force on 31 May 80.  On 
12  Apr  95,  he  was  relieved  from  active  duty  and  his  name  was 
placed  on  the  Temporary  Disability  Retired  List  (TDRL)  in  the 
grade of major. 
 
On 9 Sep 96, the applicant’s name was removed from the TDRL and 
he was permanently retired by reason of physical disability, with 

a compensable disability rating of 50 percent.  He was credited 
with  16  years,  10  months,  and  1  day  of  active  service  for 
retirement. 
 
The  CRDP  program  is  a  phased-in  restoration  of  the  retired  pay 
deducted from a military retirees account due to their receipt of 
Department  of  Veterans  Affairs  (DVA)  compensation.    To  be 
eligible  for  CRDP,  members  have  to  have  a  DVA-rated,  service-
connected disability of 50 percent or higher and have twenty (20) 
or more qualifying years of service for a normal retirement.   
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
The  Defense  Finance  and  Accounting  Service  Retired  and  Annuity 
Pay Office (DFAS-RPB-JBJE/CL) indicated that the applicant is not 
eligible for CRDP as he does not have the required 20 years of 
active service.  The CRDP was authorized under Title 10, United 
States  Code  1414,  Section  641  (Public  Law  108-136)  effective 
1 Jan  04.    CRDP  allows  military  retirees  both  military  retired 
pay and DVA compensation.   
 
The applicant is rated at 80 percent by the VA, and he did retire 
under  a  disability  retirement;  however,  his  retirement  is  not 
qualified for a non-disability retirement as this requires 20 or 
more  years  of  active  service.    He  retired  with  16  years, 
10 months  and  1 day  of  active  service;  therefore,  he  is  not 
entitled to CRDP. 
 
In order for the applicant to qualify for CRDP, he must possess a 
DVA disability rating of 50 to 100 percent and is a disability 
retiree who earned entitlement to retired pay under any provision 
of law other than solely by disability. 
 
DFAS  pointed  out  that  the  applicant  may  be  entitled  to  Combat 
Related Special Compensation (CRSC).  CRSC was authorized under 
Public  Law  107-314.    CRSC  provides  compensation  to  certain 
retirees with combat related disabilities.  A retiree is entitled 
to CRSC only if the combined disability rating from the Military 
department concerned, as of the date on which the member retired, 
or the current combined disability rating (according to the VA) 
meets the following criteria: 
 
   1)  For  a  member  who  has  been  awarded  the  Purple  Heart,  a 
combined disability rating for Purple Heart disabilities that is 
at least 10 percent disabling 1 Jun 03 to present or, 
 
   2)  From 1 Jun to 21 Dec 03: A combined disability rating for 
all  combat-related  disabilities  that  is  at  least  60  percent 
disabling. 
 
   3)  From 1 Jan 04 to present: A combined disability rating for 
all  combat-related  disabilities  that  is  at  least  10  percent 
disabling. 
 
 
 

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A  complete  copy  of  the  DFAS-RPB-JBJE/CL  evaluation  is  at 
Exhibit C. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
He would like a statement from SAF/MRBC stating that had he not 
become  disabled,  he  would  have  had  a  very  good  chance  of 
remaining in the Air Force for a 20-year term. 
 
The applicant's complete response is at Exhibit E. 
 
_________________________________________________________________ 
 
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  an  error  or  injustice.    After  a 
thorough  review  of  the  evidence  of  record  and  careful 
consideration  of  the  applicant's  contentions,  we  are  not 
persuaded that he has been the victim of an error or injustice.  
While the applicant is requesting a letter stating that he would 
have  completed  his  20-year  term  had  he  not  been  disability 
retired, we are aware of no policy or statute that supports this 
type  of  correction  being  made  to  a  member’s  record.    While  we 
understand the applicant’s desire to qualify for CRDP, he has not 
provided evidence that supports that the lack of sufficient years 
of  service  to  qualify  him  constitutes  an  error  or  injustice.  
Therefore, we agree with the opinion and recommendation of DFAS 
and adopt its rationale as basis for our conclusion 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,  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. 
 
_________________________________________________________________ 
 

 
 

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  Panel Chair 
  Member 
  Member 

The  following  members  of  the  Board  considered  Docket  Number    
BC-2012-01129  in  Executive  Session  on  29  Nov  12,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 20 Mar 12, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, DFAS-RPB-JBJE/CL, dated  2 May 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 4 May 12. 
    Exhibit E.  Letter, Applicant, dated 15 May 12. 
 
 
 
 
 

 
Panel Chair 

  
  

 
 

 
 

 
 

 
 

 
 

 
 

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