RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03366
		INDEX NUMBER:  108.07

	 	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 should not be penalized because the Air Force forced him out prior to his completion of 20 years of service.  Had it not been for his disability, he would have completed 20 years of service.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 2 May 1993, with a disability rating of 50%.  He completed 16 years, 6 months, and 3 days of active Federal military service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request, stating, in part, his inactive and active service cannot be combined in order to qualify for CRSC benefit.

The Combat-Related Special Compensation (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 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 30 January 2004 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 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-2003-03366 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 3 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.