RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01759
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His medical retirement effective date be changed from 1 Dec 11
to 6 Dec 11, in order to qualify for the Concurrent Retirement
Disability Pay (CRDP) entitlement.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was medically retired, on 1 Dec 11; however, at the time he
questioned the date being one day shy of him receiving credit
for 20 years of service and was told that it was okay to use
that date.
He received a payment on 3 Jan 12 for his retirement and when he
did not receive a payment in Feb 12, he contacted the Defense
Finance and Accounting Service (DFAS) and was told that he was
not eligible for payment since he did not have 20 years of
service.
EXAMINERS NOTE: Based on the applicants contentions, the
applicant was contacted to clarify his request for payment and
he confirmed that he was requesting a correction to his record
to qualify for payment under the Concurrent Retirement
Disability Pay (CRDP) entitlement, which the eligibility
requires that a member receive retired pay and be rated with a
50 percent or higher disability by the Department of Veterans
Affairs (DVA).
In support of his appeal, the applicant provides a personal
statement; email correspondence regarding his retirement; copies
of his medical retirement order and his AF Form 356, Findings
and Recommended Disposition of USAF Physical Evaluation Board,
dated 7 Jul 11.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was processed through the Disability Evaluation
System (DES) and his case was referred to the Informal Physical
Evaluation Board (IPEB) for Vertigo. The IPEB recommended the
applicants name be placed on the Permanent Disability Retired
List (PDRL) with a compensable disability rating of 30 percent.
The applicant concurred with the IPEB findings with a
compensable rating at 30 percent and his case was referred to
the Secretary of the Air Force Personnel Council (SAFPC) for
consideration. SAFPC concurred with the findings of the IPEB
and directed the applicant be permanently disability retired
effective 30 Nov 11.
The applicant was permanently disability retired, on 1 Dec 11,
with a compensable rating of 30 percent.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSD recommends denial, stating, in part, the applicant is
seeking to have his service dates changed in order to qualify
for CRDP. The preponderance of evidence reflects that no error
or injustice occurred during the disability process or at time
of separation.
In addition, they note the applicant was in the Air National
Guard and per DFAS web site: You may be entitled to CRDP if you
are a reserve retiree with 20 qualifying years of service, who
has a VA disability rating of 50 percent or greater and who has
reached retirement age. Based on the point summary office at
the Air Reserve Personnel Center (ARPC), the applicant had a
seven year break from 10 Jan 90 until 5 Dec 97 and had
17 qualifying years, NOT the required 20 years and therefore not
eligible for CRDP.
The complete DPSD evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 Jun 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit C).
________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office 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.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2012-01759 in Executive Session on 29 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 12, w/atchs.
Exhibit B. Letter, AFPC/DPSD, dated 25 May 12.
Exhibit C. Letter, SAF/MRBR, dated 19 Jun 12.
Panel Chair
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