RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03688
		INDEX NUMBER:  108.07

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was retired due to combat injuries incurred during the Vietnam War and was denied an opportunity to complete the remaining 1 ½ years of service to complete 20 years of active service.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 6 March 1971, with a disability rating of 100%.  He completed 18 years, 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, that applicant does not meet the basis CRSC requirement of completing 20 or more years of active service.

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.

		Qualifying Combat-Related Disability:  Member has combat-related disabilities (which includes any Purple Heart disabilities) that are compensated by the DVA.

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 13 February 2004 for review and comment within 30 days.  As of this date, no response has been received by this office (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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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-2003-03688 in Executive Session on 15 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 4 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.