RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01639
		
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His active duty service be extended to reflect he completed 20-year of active duty to qualify for Concurrent Retirement and Disability Payments (CRDP).

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APPLICANT CONTENDS THAT:

Due to active duty medical disability, he was placed on the Temporary Duty Retired List (TDRL) and retired with 19 years, 11 months and 16 days.  The Veterans Administration has determined that he is “unemployable” due to this active duty disability.  He has a wife and two children to support and take care of.  He wants to receive Concurrent Retirement and Disability Payments to overcome this hardship.  

In support of his request, applicant provided a copy of a letter from his senator, copy of his DD Forms 214, Certificate of Release or Discharge from Active Duty and his VA rating.  

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

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STATEMENT OF FACTS:

Applicant enlistment in the Regular Air Force on 2 April 1987 and was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of   1 February 1994.  He was placed on the TDRL on 20 March 1998 due to physical disability under the provisions of Title 10 USC, Section 1202 and AFI 36-3212.  Applicant remained on the TDRL until 6 January 2000, at which time he was permanently disability retired with a 30 percent disability rating.  He served 18 years, 1 month, and 17 days of active duty military service and 19 years, 11 months and 16 days of service for pay.  

Disability processing records reveal the service member was referred to a Medical Evaluation Board (MEB) and consequently found unfit due to Major Depressive Disorder and psychotic features after which officials after which officials within the Office of the Secretary of the Air Force directed he be permanently retired with a 30 percent disability rating.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial and stated the applicant’s mention he had 19 years, 11 months, and 16 days active service is an incorrect statement.  Military personnel records reflect this to be his creditable service for pay purposes only, not active duty.  The law governing CRDP states that retirees who were retired with a medical disability with less than 20 years of active service are ineligible for this recently approved benefit.  

Following our assessment, DPPD concluded the veteran fails to meet the basic CRDP 20 year service eligibility criteria established under Public Law 108-136, however, it must be noted this office is not the approving authority for this program.  There are no provisions to credit individuals for active duty service for which they have not earned.

AFPC/DPPD 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 18 June 2004 for review and comment within 30 days.  As of this date, this office has received no response.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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, it appears that his creditable service was properly applied upon his permanent retirement from the Air Force for disability reasons.  Therefore, 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 the applicant has not been the victim of an error or injustice.  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 AFBCMR Docket Number BC-2004-01639 in Executive Session on 14 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.