RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01715
		INDEX NUMBER:  128.14

	XXXXXXX	COUNSEL:  

	XXXXXXX	HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive credit for 20 years of longevity service for the purpose of determining his eligibility for Combat-Related Special Compensation (CRSC) benefits and Concurrent Retirement Disability Payments (CRDP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since the intent of the CRSC program was to reward those with enough service for longevity retirement and then lost their ability to continue earning a living due to a service-connected disability, he should be eligible for benefits under the CRSC program.

With or without a disability, he had enough time for a 20-year retirement, but for the convenience of the government, he chose to retire early.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 2 October 1985, with a disability rating of 100%.  He completed 19 years, 7 months, and 16 days of active federal military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating, in part, that although his service-connected medical conditions exceed 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.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant and counsel on 9 July 2004 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

_________________________________________________________________

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.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2004-01715 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 26 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jun 04.
    Exhibit D.  Letters, SAF/MRBR, dated 9 Jul 04.