RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01385
		INDEX NUMBER:  128.14

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect 20 years of active service, rather than 19 years and 3 months of active service, to entitle him to Combat-Related Special Compensation (CRSC) benefits.

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APPLICANT CONTENDS THAT:

Although he intended to complete 20 years of military service, he was involved in an accident while flying in a B-52 in 1968.  He was disability retired with 75% of his base pay, in essence, giving him 30 years for pay purposes.  In addition, he retired from the Postal Service after completing 10 years of service, which, when added to his 20 years of Air Force military service, equals 30 years of government service.  As evidenced in his Department of Veterans Affairs (DVA) records, he is totally and permanently disabled.

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

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STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 7 November 1968, with a disability rating of 100%.  He completed 19 years, 3 months, and 16 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 although his disability rating exceeds the required 10% rating, he does not qualify for CRSC since he did not complete 20 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.  

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 1 July 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, after careful review of the available records, it appears he has been credited with all active service creditable under the governing regulation and laws in effect at the time of his disability retirement.  We therefore 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-2004-01385 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 Apr 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.