RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2003-02086
		INDEX CODE:  100.00

	XXXXXXX				COUNSEL:  NONE

	XXXXXXX				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he is qualified for Combat-Related Special Compensation (CRSC) benefits.

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APPLICANT CONTENDS THAT:

He has been denied award of CRSC benefits because he did not complete 20 years of active service; however, his physical and mental disabilities prevented him from doing so.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 26 June 1980, with a disability rating of 100%.  He completed 1 year, 6 months, and 1 day of active Federal military service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request, stating, in part, the applicant was treated fairly throughout the Disability Evaluation System (DES) processing and does not meet the basic CRSC eligibility of having 20 years of active military service.

The CRSC program, established by Public Law (PL) 107-314, provides compensation to certain retirees with combat-related disabilities.  A retired member of the Uniformed Services must meet each of the four following conditions to meet the preliminary CRSC criteria:

	a.  Has 20 or more years of active service in the Uniformed Services for the purpose of computing the amount of retired pay, or 7200 or more Reserve retired points.

	b.  Is in retired status.

	c.  Is entitled to retired pay, notwithstanding that such retired pay may be reduced due to receipt of Department of Veterans Affairs (DVA) disability compensation.

	d.  Has current combined qualifying disability ratings (percentages) that meet the following prescribed thresholds:

		(1)  A current combined DVA disability rating of at least ten (10) percent if the retiree has been awarded a Purple Heart (PH), or

		(2)  A current combined DVA disability rating of at least 60 percent.

The complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29 August 2003 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit F). 

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The office of primary responsibility has adequately addressed applicant’s contentions and we agree with their opinion and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2003-02086 in Executive Session on 10 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Applicant, dated 27 Jun 03.
    Exhibit D.  Letter, AFBCMR, dated 2 Jul 03.
    Exhibit E.  Letter, AFPC/DPPD, dated 20 Aug 03.
    Exhibit F.  Letter, SAF/MRBR, dated 29 Aug 03.