RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01906
		INDEX CODE:  108.07
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  Based on the information provided, it is not clear what the applicant is requesting.  It appears he is requesting his records be corrected to reflect the following changes to his DD Form 214, Certificate of Release or Discharge from Active Duty or his DD Form 217, Discharge Certificate:  1) Item II be changed to PDRL (Permanent Disability Retired List), 2) Item III be changed to read PDRL, 3) Item IV be changed to permanent released from active duty.

2.  He be authorized compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

At the time of his release from active duty, he was furnished a DD Form 214, not a DD Form 217.  He does not understand how he could be discharged on 6 March 1962, subject to be recalled to active duty for two years longer.  He was retired under the provisions of Title 10, section 1201, this retirement eliminated his chance to complete 20 years of service.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 February 1962, a medical evaluation board established Schizophrenic Reaction, paranoid type as the applicant's diagnoses.

On 6 March 1962, he was placed on the temporary disability retired list (TDRL).

On 3 December 1964, he was removed from the TDRL and permanently retired from the Air Force in the grade of technical sergeant, after serving 16 years, 6 months and 25 days on active duty with a 30 percent compensable disability rating. 

His original application for CRSC was disapproved on 18 January 2006, for Schizophrenia and Parkinson’s disease.  The original response failed to indicate he did not meet the basic eligibility requirements but explained that his conditions were not combat-related and/or not service connected according to current CRSC guidelines.  He provided additional information and it was again disapproved on 4 June 2007 based on the fact he did not meet the basic eligibility requirements outlined in public law.  No evidence was provided to confirm he had met the basic eligibility requirements.

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AIR FORCE EVALUATION:

AFPC/DPSDC recommends denial.  DPSDC provides a review of the applicant’s records and notes the CRSC program was established to provide compensation to certain retirees with combat-related disabilities that qualify under the criteria set forth in Public Law.  If a veteran fails to satisfy the preliminary CRSC criteria, no further consideration by their service department is required and the application will be denied accordingly.  DPSDC states the law is very clear on the service requirement which states an eligible combat-related retiree who has completed at least 20 years of service in the uniform services that are creditable for purposes of computing the amount of retired pay to which the member is entitled and has a qualifying combat-related disability.  A review of the Defense Finance Accounting Services (DFAS) files and Air Force Military Personnel files indicates he retired after 16 years, 6 months, and 25 days of active service.  Since he did not complete the minimum service requirement, he is not eligible for compensation under CRSC.  Several months ago, an initiative was introduced in Congress to lower the service requirement for this program; however, there has been insufficient support for approval.  DPSDC is monitoring this legislative action and if the change is implemented, they will review previously denied cases, such as this, to see if they can be approved under the amended law.  Until such time DPSDC has no legal authority to award him the compensation under this program, the VA.  DPSDC states his condition does not meet the mandatory criteria for compensation under the CRSC program.

The complete DPSDC 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 14 September 2007 for review and comment within 30 days.  As of this date, this office has received no response.  (Exhibit D)

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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.  The applicant is requesting changes to his DD Form 214 in order to qualify for compensation under the CRSC Act.  After a thorough review of the evidence of record, we do not find persuasive evidence that his DD Form 214 was prepared in error or that he was not afforded all the rights to which entitled at the time of discharge.  Title 10, U.S.C. authorizes compensation for combat-related medical conditions.  The statute requires eligible combat-related disabled retirees have at least 20 years of credible service.  The available evidence of record indicates he served 16 years, 6 months and 25 days of active service; therefore, he does not meet the preliminary criteria established by law for compensation under the CRSC program.  Accordingly, 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.  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 this application in Executive Session on 28 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01906 was considered:

    Exhibit A.  DD Form 149, dated 9 June 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSDC, dated 5 September 20007.
    Exhibit D.  Letter, SAF/MRBR, dated 14 September 2007.