RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01570
		INDEX NUMBER:136.00

		COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

He be entitled to Combat Related Special Compensation (CRSC) benefits.

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APPLICANT CONTENDS THAT:

With 19 years, 8 months, and 7 days of active service, 100% Department of Veterans Affairs (DVA) compensation and being a service-connected veteran he should be eligible for the CRSC benefit.

In support of his appeal, applicant submitted a personal statement; a letter from DFAS, dated 28 Jan 04, and a CRSC denial letter, dated 5 May 04.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was retired effective 1 June 1994, under the Temporary Early Retirement Authority (TERA).  He completed 19 years, 8 months, and 7 days of active federal military 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:

By letter, dated 10 May 04, through his member of Congress, applicant explained his views of the circumstances surrounding his entitlement to the CRSC program. 

Applicant’s complete 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.  We noted 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.

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 issue 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 AFBCMR Docket Number BC-2004-01570 in Executive Session on 14 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 May 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 24 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
    Exhibit E.  Letter, Applicant’s Congressman, 
                dated 16 Aug 04, w/atchs.