RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01846
		INDEX NUMBER: 108.00 & 128.14

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be granted 14 months of active duty credit so his records will reflect that he completed 20 years of active service and qualify him for benefits under the Concurrent Retirement Disability Payments (CRDP) program.

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THE APPLICANT CONTENDS THAT:

He fully intended to complete 20 years of active service; however, he was medically retired prior to doing so.  In essence, his retirement was involuntarily.  Technically, he completed 20 years of service, since he spent 14 months on the Temporary Disability Retired List (TDRL).

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

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STATEMENT OF FACTS:

Applicant was released from active duty and placed on the TDRL on 17 April 1984.  He was removed from the TDRL, and permanently retired for disability effective 5 August 1986, with a disability rating of 70%.  He completed 18 years, 10 months, and 3 days of active federal military service.

Public Law (PL) 108-136 established the Concurrent Retirement and Disability Payments (CRDP) program, which provides compensation to certain retirees with service-connected disabilities of 50 percent or higher, with the exception of disability retirees with less than 20 years of service, and retirees who have combined their military and civilian service time to qualify for a civil service retirement.  

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating, in part, that time spent on the TDRL does not count as active duty service for retirement.  A review of applicant’s permanent disability retirement order reveals no errors in the computation of his active service for retirement.

The AFPC/DPPD evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 1 July 2004 for review and response within 30 days.  However, 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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The office of primary responsibility has adequately addressed applicant’s contentions and we agree with their opinion and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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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-2004-01846 in Executive Session on 17 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 25 Jun 04, w/atchs
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.