RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03623 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He be given credit for 20 years of active service toward 
retirement. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He was disability retired on 1 Jun 95 (sic) just 45 days short 
of a full 20 year retirement. He was provided inaccurate 
information when he was initially notified of the Physical 
Evaluation Board’s (PEB) findings. He wanted to delay his 
concurrence until he had completed 20 years; however, he was 
advised that he would receive full credit for 20 years of 
service. He believes because of this injustice he should be 
credited with the 45 days of service in order to qualify for the 
Concurrent Retirement Disability Pay (CRDP). 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 7 May 75, the applicant was discharged from the Delayed 
Enlistment Program (DEP) and as a member of the US Air Force 
Reserve (USAFR). On 8 May 75, the applicant enlisted in the 
Regular Air Force and entered Extended Active Duty (EAD), on 
1 Jul 75. On 7 Aug 80, the applicant was released from EAD and 
transferred back to the USAFR. 

 

On 1 Oct 80, the applicant reenlisted in the Regular Air Force 
and served honorably until his discharge on 9 Jun 86, on 
10 Jun 86, he was commissioned as a second lieutenant. 

 

On 1 Nov 94, the Medical Evaluation Board (MEB) diagnosed the 
applicant with Metabolic Myopathy and referred his case to the 
Informal Physical Evaluation Board (IPEB). On 25 Nov 94, The 
IPEB diagnosed the applicant with Metabolic Myopathy with 
possible Phosphorylase B Kinase Deficiency and recommended the 


applicant’s name be placed on the Temporary Disability Retired 
List (TDRL) with a compensable disability rating of 60 percent. 
On 13 Dec 94, the applicant concurred with the IPEB findings 
with a compensable rating at 60 percent and his case was 
referred to the Secretary of the Air Force Personnel Council 
(SAFPC) for consideration. On 2 Feb 95, SAFPC concurred with 
the findings of the IPEB and directed the applicant’s name be 
placed on the TDRL with a retirement effective date of 
16 May 95. At the time of his placement, he was credited with 
19 years, 10 months, 15 days of active service toward 
retirement, with 45 days of earned accrued leave. 

 

On 6 Dec 96, the applicant’s name was removed from the TDRL and 
he was permanently disability retired with a compensable 
disability rating of 60 percent and his name was placed on the 
Permanent Disability Retired List (PDRL). 

 

On 1 Jul 12, the applicant was rated at 80 percent employable by 
the Department of Veterans Affairs (DVA) and is in receipt of 
disability compensation from the DVA. As a result his military 
retired pay is currently offset by $1478.00. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSD recommends denial, stating, in part, that the 
preponderance of evidence reflects that no error or injustice 
occurred during the disability process or at time of separation. 

 

DPSD notes that the applicant is seeking to have his service 
dates changed in order to qualify for the CRDP Program. CRDP 
or "concurrent receipt" as it is sometimes referred to-is a 
phased-in restoration of the retired pay deducted from military 
retirees' accounts due to their receipt of DVA compensation. 
Those retired military members entitled to CRDP automatically 
began receiving these benefits as of 1 Jan 04. Eligibility for 
CRDP requires at least 20 years of creditable service (10 USC, § 1414(b) (1)). On 6 Dec 96, the applicant was removed from the 
TDRL and permanently retired with a disability rating of 
60 percent. Time spent on the TDRL does not count towards 
active duty time. Special Order ACD-0282 was issued 26 Nov 96, 
reflecting he had 19 years, 10 months, and 15 days of active 
service. The applicant does not have the required 20 years of 
active service time to apply for CRDP. All service dates on 
Special Order ACD-0282 are correct. 

 

The complete DPSD evaluation is at Exhibit C. 

 

DFAS recommends denial, stating, in part, that the applicant’s 
record indicates that he completed 19 years, 10 months, 15 days 
of total active service. No provisions of the law allow members 


who retire by reason of physical disability with less than 
20 years of total active service or 20 years of qualifying 
service for members of the Air Reserve component to receive 
CRDP; therefore, the applicant is not entitled to CRDP. 

 

In addition, they advised the applicant that he may be entitled 
to Combat-Related Special Compensation (CRSC) Pay and provided 
an application to submit to the Air Force for review. 

 

The complete DFAS evaluation, with attachments, is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 30 Oct 12 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(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. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. After careful review of the available 
records and the evidence submitted in support of the applicant’s 
appeal, it appears that he has been credited with all active 
service creditable under the governing instruction and laws at 
the time of his retirement. Notwithstanding the above, we note 
that the applicant was retired for disability just 45 days short 
of completing 20 years of active service. We further note that 
at the time of his separation, he had 45 days of accrued leave. 
It is our opinion that if the applicant had thought that not 
completing 20 years of service could possibly impact any future 
entitlements, especially when he was so close to the 20-year 
point, he would have chosen to remain on active duty until he 
had completed 20 years. In view of the foregoing, and to 
preclude any injustice to the applicant, we believe that his 
records should be corrected to reflect that he completed 
20 years of active service before being disability retired. 
Accordingly, we recommend that the records be corrected as 
indicated below. 

 

________________________________________________________________ 


 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that he was 
not relieved from active duty on 15 May 95, but was continued on 
active duty until 29 Jun 95 and was relieved from active duty 
and placed on the Temporary Disability Retired List on 
30 Jun 95. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03623 in Executive Session on 11 Jun 13, under 
the provisions of AFI 36-2603: 

 

, Vice Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 7 Aug 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSD, dated 5 Sep 12. 

 Exhibit D. Letter, DFAS-JBJR/CL, dated 19 Oct 12, w/atchs. 

 Exhibit E. Letter, SAF/MRBR, dated 30 Oct 12. 

 

 

 

 

 Vice Chair