RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03667
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he served on active duty for 20 years for the purpose of receiving Concurrent Retirement and Disability Payments (CRDP).
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APPLICANT CONTENDS THAT:
He had 54 days of paid time off (PTO) at the time of his disability retirement on 6 Jul 99. His PTO should be credited towards his retirement since he did not sell it back, which would result in him attaining 20 years of active duty service, thereby entitling him to CRDP.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 25 Sep 79, the applicant entered the Regular Air Force.
On 12 Apr 99, a Medical Evaluation Board (MEB) was convened to evaluate the applicants diagnosis of chronic back pain. The MEB determined the applicants condition was not pre-existing and he was referred to a Physical Evaluation Board (PEB).
On 29 Apr 99, an Informal Physical Evaluation Board (IPEB) was convened which found the applicant unfit and determined that his medical condition was incurred while entitled to receive basic pay and the degree of impairment was permanent. The IPEB recommended the applicant be permanently retired with a compensable disability rating of 40 percent.
On 3 May 99, the applicant agreed with the findings and recommended disposition of the IPEB and waived his right to a formal hearing.
On 12 May 99, officials with the Office of the Secretary of the Air Force (SAF) determined the applicant was physically unfit for continued military service and directed he be permanently retired with a compensable disability rating of 40 percent.
On 25 May 99, the applicant was relieved from active duty and permanently retired for physical disability with a compensable disability rating of 40 percent, effective 7 Jul 99. He was credited with 19 years, 9 months, and 12 days total active service for retirement.
According to the leave and earning statement provided by the applicant, during the period covering 1 31 Aug 99, he was paid in the amount of $4,407.00 for 54 days unused leave days.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPFD recommends denial, indicating the preponderance of evidence reflects that no error or injustice occurred in the applicants disability processing or at the time of his separation. The applicant is seeking CRDP, which is retired pay deducted from military retired pay due to the receipt of Department of Veterans Affairs (DVA) compensation. The eligibility for CRDP requires at least 20 years of creditable service. In this case, on 25 May 99, the applicant was permanently retired with a disability rating of 40 percent effective 7 Jul 99 and was credited with 19 years, 9 months, and 12 days of active service. Therefore, the applicant does not have the required 20 years of active service time to apply for CRDP. Furthermore, the applicant claims he should be credited with his unsold 54 days of PTO; however, in accordance with a LES submitted by the applicant he was paid for those days.
A complete copy of the AFPC/DPFD evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 24 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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; however, 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 the applicant has not been the victim of an error or injustice. While it is regrettable the applicants permanent retirement for physical disability occurred so close to his attaining 20 years of active service, we find no evidence of an error or injustice in his disability processing, to include the manner in which his ultimate retirement date and creditable service for retirement was calculated. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03667, in Executive Session on 10 Jun 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Aug 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPFD, dated 17 Oct 13.
Exhibit D. Letter, SAF/MRBR, dated 24 Jan 14.
Panel Chair
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