RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03541
		INDEX NUMBER:  108.07

	 	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: YES

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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:

His six years of active reserve service should count in the computation of his active duty service for CRSC benefits.  He did not ask to retire at 19 years of service and was told that it would not count against any future benefits.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 3 May 1993, the applicant requested voluntary retirement, effective 1 December 1993.

He was retired effective 1 December 1993, under the Temporary Early Retirement Authority (TERA).  He completed 19 years and 14 days of active federal military service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request, stating, in part, that since the applicant has not completed 20 years of active duty service, he is not eligible for compensation under the CRSC program.

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:

When the CRSC criteria were first released, there was no mention that the required service had to be active duty service.  The only reference to service indicated that you had to have 20 or more years of service for the purposes of computing retired pay.  He completed 3 years, 6 months, and 3 days of active duty with the XXXth TAG/CES, XXXXXX, Illinois, which should be considered in the computation of his total active duty service.

Applicant’s response is at Exhibit E.

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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.  Applicant’s contention that his active reserve service should be counted in the computation of his active duty service for the purposes of CRSC benefits is duly noted.  However, after careful review of the available records, it appears that he has been credited for all periods of active duty performed, for a total of 19 years and 4 days.  The office of primary responsibility has adequately addressed the applicant’s contentions with respect to his eligibility for CRSC benefits and we agree with their findings and adopt the rationale expressed as the basis for our decision that he has failed to sustain his burden that he has suffered either an error or an injustice.  Absent a showing that his active duty service for retirement was incorrectly computed, we find no compelling basis to recommend granting the relief sought.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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-2003-03541 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 6 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 6 Feb 04.
    Exhibit E.  Letter, Applicant, dated 12 Feb 04.