RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02368
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He receives Concurrent Retirement and Disability Pay (CRDP).
APPLICANT CONTENDS THAT:
On 9 Dec 03, he was retired with a compensable percentage for
physical disability of 40 percent.
He contacted the Defense Finance and Accounting Service (DFAS) and
was told that he was not eligible; however, the law changed in
2004. The FY04 National Defense Authorization Act (NDAA) allows
for both payments to be phased in by 2014. The CRDP payment
should have been automatic. The new law does not require
7,200 points, just 20 good years for Reserve retirement.
He was not placed into Reserve Status waiting for retirement at
age 60. His records should be changed to reflect his eligibility
for retirement pay at discharge. He is entitled to CRDP per
10 U.S.C. § 1414 based on his retirement under the provisions of
10 U.S.C. § 12731 as a Reserve member. He should be allowed to
have his record reflect the current law.
The Board should consider it in the interest of justice to
consider his untimely application as the phase in for CRDP was
complete in 2014.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 24 Sep 85, the applicant entered the Air National Guard (ANG).
Per ARPC/DPPR memorandum dated 20 Apr 04, the applicant completed
the required years of service under the provisions of 10 U.S.C. §
12731 and was entitled to retired pay upon application at age 60.
On 7 Jun 06, his records were corrected In Accordance With (IAW)
10 U.S.C. § 1552 and Air Force Instruction, 36-2603, Air Force
Board for Correction of Military Records, to reflect that on
29 Jul 03, he was found unfit to perform the duties of his office,
rank, grade, or rating by reason of physical disability incurred
while he was entitled to receive basic pay. He received a
40 percent disability rating. His record was also changed to show
that he was not discharged from active duty and separated from the
ANG under other than Chapter 61, 10 U.S.C. but on 9 Dec 03, his
name was placed on the Permanent Disability Retired List and he
was retired in the grade of Technical Sergeant (TSgt, E-6).
AIR FORCE EVALUATION:
DFAS-RPB-JFBE/CL recommends denial. The applicant has served at
least 20 years of qualifying service computed under 10 U.S.C. §
12732; however, he has not reached the eligibility age for the
career retirement and is not currently eligible to receive CRDP.
Upon reaching age 60, he will become eligible to receive the CRDP
and it will be paid with no action required by the applicant.
A complete copy of the DFAS-RPB-JFBE/CL evaluation is at Exhibit
C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He contacted DFAS in 2004 regarding his status for CRDP. He was
told that he did not meet the 7,200 point requirement. The
2004 NDAA does not require 7,200 active duty points, just 20 good
years. However, he is still being charged for the offset of his
retirement pay. He is also being charged for SBP just like he was
officially retired from the military. It is his understanding
that if he was retired officially from the Guard, he would be a
grey area retiree with a pink identification card.
The applicants complete submission, with attachments, 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. While the
applicant's contentions are noted, he has not provided substantial
evidence which, in our opinion, successfully refutes the
assessment of his case by the DFAS. Therefore, we agree with the
opinion and recommendation of DFAS and adopt the rationale
expressed as the basis for our decision that the applicant has
failed to sustain his burden of proof of either an error or an
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-2014-02368 in Executive Session on 17 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jun 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-RPB-JFBE/CL, dated 1 Oct 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Oct 14.
Exhibit E. Letter, Applicant, 16 Oct 14.
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