RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03418 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His total active service be changed to reflect 20 years for the purpose of receiving Concurrent Retirement and Disability Payments (CRDP). ________________________________________________________________ APPLICANT CONTENDS THAT: He should receive credit for the time he was in the Air Force Reserve Officer Training Corps (AFROTC) and for the time between his Oath of Office and Extended Active Duty (EAD). He originally intended to remain on active duty for a full 20 years; however, a heart attack and subsequent stroke forced him to be medically retired. His inability to work and lack of CRDP is causing a great hardship for him and his family. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 May 2007, the applicant was retired in the grade of major (O-4). His narrative reason for discharge is “Disability – Permanent.” He had a total of 19 years, 1 month, and 2 days of active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIPV recommends denial. DPSIPV states the applicant enlisted in the Air Force Reserve Obligated Reserve Section, then in Sep 1985 he enrolled in the AFROTC program in the pay grade of E-3. While he was enrolled in the AFROTC program, he was not on active duty receiving full pay and benefits, instead he was paid a monthly subsistence allowance per AF Form 1056, Air Force Reserve Officer Training Corps Contract. Furthermore, on 10 Sep 1985, he signed a Statement of Understanding, which states, "In computing length of service for any purpose (except enlistees fulfilling their 8-year Military Service Obligation (MSO) under 10 U.S.C. 651) an officer appointed through the Senior ROTC program may not be credited with service either as acadet or concurrent enlisted service." During the time a memberis in ROTC they are in theAir Force Reserveand do not entertheRegular Air Force until they are on Extended Active Duty (EAD). On 17 May 1987, he was commissioned as a 2ndlieutenant(O-1)and on 30 Mar 1988, he entered EAD, which is the beginning point for computing his active service time. He was medically retired on 1 May 2007after 19 years,1 month,and 2days of active service. The complete DPSIPVevaluation, with attachments,is at Exhibit C. DFAS-JBJE/CLrecommends denial. JBJE/CL states that no provisions of the law allow members to receive CRDP who retire by reason of physical disability with less than 20 years of total active service. Therefore, unless the Board's decision is to amend his total active service to reflect 20 years of service, by law, he is not entitled to CRDP. Notwithstanding the above, the Air Force may determinethe eligibility of a member to receive Combat-Related SpecialCompensation (CRSC). The applicant may complete the CRSC application provided by JBJE/CLand submit it to the Air Force for approval. The complete JBJE/CLevaluation, with attachments, is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Oct2012, copiesof the Air Force and Defense Accountingand Finance Service evaluationswereforwarded to the applicant for review and comment within 30days. As of this date, noresponse has been received by this office (Exhibit E). THE BOARD CONCLUDES THAT: 1.The applicant has exhausted all remedies provided byexisting 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 opinions and recommendations of the Air Force and DFASofficesof primary responsibility and adopt their rationale as the basis for our 2 conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 issue(s) 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 AFBCMR BC-2012- 03418 in Executive Session on 9 Apr 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in AFBCMR BC- 2012-03418: Exhibit A. DD Form 149, dated 21 Jul 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIPV, dated 27 Aug 2012, w/atchs. Exhibit D. Letter, DFAS-JBJE/CL, dated 2 Oct 2012, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 9 Oct 2012.