RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00003
		INDEX NUMBER:136.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect eligibility for Combat-Related Special Compensation (CRSC) benefits.

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APPLICANT CONTENDS THAT:

He’s not an Air National Guardsman or Air Force Reservist.  He thought the compensation was for combat involvement and to obtain 7200 points not length of service.  His Department of Veterans Affairs (DVA) records show he was unemployable for several years which should compensate for length of service.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served on active duty from 15 Sep 42 to 28 Oct 45.  He completed 3 years, 2 months, and 3 days of active duty service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating, in part, although applicant’s service connected medical conditions exceed the required 10 percent rating, he did not meet the eligibility requirement of retirement with 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 is entitled to retired pay under section 12731 of Title 10, United States Code, unless such retirement is under section 12731b of that same title.

	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 qualifying disability ratings (percentages) [retiree must be entitled to compensation for service-connected disabilities under 10 USC 38 by the DVA].

		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 21 May 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.  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 its rationale as the basis for our conclusion that the 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 following members of the Board considered AFBCMR Docket Number BC-2004-00003 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 23 Dec 03. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 6 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.

                                                                      Chair