RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00466
		INDEX NUMBER:  128.14

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His years of active service be recalculated to include his time on the Temporary Disability Retired List (TDRL) to qualify him for Combat-Related Special Compensation (CRSC) benefits.

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APPLICANT CONTENDS THAT:

Given his official retirement date of 18 September 1984, he clearly served more than 20 years, justifying a change in his active duty service calculations.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was placed on the TDRL on 16 October 1980.  He was permanently retired for disability effective 18 September 1984, with a disability rating of 80%.  He completed 17 years, 6 months, and 8 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 he does not meet the criteria for CRSC because the time he spent on the TDRL is not considered active duty 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 7 May 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-2004-00466 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 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.

                                   Chair