RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00010
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receive Concurrent Retirement and Disability Payments (CRDP).
APPLICANT CONTENDS THAT:
The Department of Veterans Affairs (DVA) told him he is entitled to CRDP. He was discharged with a 30 percent disability after over 18 years of active service, and he receives Combat Related Special Compensation (CRSC). However, the DVA now rates him as 100 percent disabled, based upon his Post Traumatic Stress Disorder (PTSD), so he qualifies for CRDP.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant served in Vietnam in 1968 and 1969 in the Air National Guard in the grade of Master Sergeant.
On 14 Aug 00, the applicant was furnished an honorable discharge with a Narrative Reason for Separation of Physical Disability, and was credited with 18 years, 3 months, and 1 day of total active service.
The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPFDC recommends denial indicating there is no evidence of an error or an injustice. On 29 Aug 08, the applicant was approved for CRSC for prostate cancer and related issues with a combined rating of 20 percent. Regarding the applicants request for CRDP, a medically retired member with less than 20 years of service is not entitled to CRDP. The applicant suffered a brain aneurysm and a back injury and was medically retired with less than 20 years of total active service. There is no documentation confirming the applicants aneurysm or other medical conditions were caused by a combat-related event. In fact, the Medical Evaluation Board (MEB) narrative indicates he sustained his aneurysm after lifting furniture. The applicants anxiety disorder is related to his aneurysm.
A complete copy of the AFPC/DPFDC evaluation is at Exhibit C.
DFAS-JFBE/CL recommends denial indicating there is no evidence of an error or an injustice. Public Law 108-136, §641, authorized CRDP effective 1 Jan 04 which allows for concurrent receipt of military retired pay and disability compensation from the DVA for eligible military retirees. All military retirees not retired by reason of physical disability, who are receiving disability compensation from the DVA for a service-connected disability rating of 50 percent or greater, are eligible for CRDP. In addition, members retired by reason of physical disability with 20 years of total active service or 20 years of qualifying service for members of a reserve or guard component are also eligible for CRDP. The applicant was retired by reason of physical disability on 15 Aug 00, with total active service of 18 years, 5 months, and 8 days. He does not have 20 years of qualifying service. Therefore, according to the law, he is not entitled to CRDP.
A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 21 Jul 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.
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. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-00010 in Executive Session on 13 Nov 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPFDC, dated 31 Jan 14, w/atchs.
Exhibit D. Memorandum, DFAS-JFBE/CL, dated 27 Mar 14, w/atch.
Exhibit E. Letter, SAF/MRBR, dated 21 Jul 14.
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