RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00931
		INDEX NUMBER:  136.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  30 SEP 2007

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APPLICANT REQUESTS THAT:

The applicant’s request is not clear; however, it appears he requests his record be corrected to reflect 20 years of service to qualify for benefits under the Combat-Related Special Compensation (CRSC) program.

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APPLICANT CONTENDS THAT:

It appears the applicant is contending that his constitutional rights under the 14th amendment of U.S. Constitution are being violated.  To not include all disabled veterans of 100% service-connected disability for over the last 35 years as a constructive notice is evidence of an injustice.  Case warrants tort claims of Title 28 USCA Sections 2671 et seq., 1346(b) of gross negligence.

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 May 73, with a disability rating of 50%.  He completed 2 years and 11 months of active federal military service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating, in part, a review of the Defense Finance and Accounting Services (DFAS) files and Air Force Military Personnel files indicates applicant was medically retired after 2 years and 11 months of active service.  Since he did not complete at least 20 years of active service, he is not eligible for compensation under CRSC.  

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:

Applicant reiterated his original contentions and continues to give notice of his intentions to challenge Public Law 107-314 as an unconstitutional statute in Federal Court.

Applicant’s complete response, with attachments, 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 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, 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.

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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-2006-00931 in Executive Session on 25 October 2006, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPDC, dated 14 Jun 06.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jun 06.
    Exhibit E.  Letter, Applicant, dated 3 Jul 06.