RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01096
		INDEX CODE:  136.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 OCTOBER 2008

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APPLICANT REQUESTS THAT:

His records be corrected to reflect his eligibility for Concurrent Retirement and Disability Pay (CRDP).

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APPLICANT CONTENDS THAT:

His medical records indicate he was diagnosed in 1971 with a diabetic condition.  He was retired due to his diabetic condition.  His Veterans Administration (VA) rating is 10 percent.  

In support of his request, applicant provided a copy of his DD Form 214, Report of Separation from Active Duty, a Physical Profile Serial Report form, retired pay newsletter, VA disability claim June 1977, AFPC/DPPDC letter dated 2 Nov 06, and an excerpt from the Afterburner. 

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was honorably retired from the Regular Air Force effective 31 Jan 77 in the grade of Major.  He completed 20 years and 10 months of active military service.

EXAMINER’S NOTE:  The Concurrent Retirement and Disability Payment (CRDP) program, established by Public Law (PL) 108-136, 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:

The Defense Finance and Accounting Service (DFAS-RPB-TQAL/CL) indicated that the applicant is not eligible for CRDP.  The CRDP was created by section 641 of Public Law 108-136 effective 1 Jan 04.  A limitation of this program is that the member must be in receipt of DVA disability compensation rated at 50 percent or greater.  Evidence submitted by applicant indicated that he has been rated by the DVA as 10 percent disabled.  The applicant can apply to the DVA to increase his disability rating.

A complete copy of the DFAS-RPB-TQAL/CL evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 Apr 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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 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-2007-01096 in Executive Session on 5 June 2007, under the provisions of AFI 36-2603:

		XXXXXXXXXX, Chair
		XXXXXXXXXX, Member
		XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2007-01096 was considered:

    Exhibit A.  DD Form 149, dated 31 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS, dated 12 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Apr 07.

                                   XXXXXXXXXX
                                   Chair