RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04323 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

He be entitled to benefits under the Combat-Related Special 
Compensation (CRSC) program. 

 

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APPLICANT CONTENDS THAT: 

 

At the time (October 2009) he filed for CRSC, the decision had 
not been made to include his latest diseases related to Agent 
Orange. He now has been awarded service-connected disability 
compensation by the Department of Veterans Affairs (DVA) for 
cardiovascular disease and believes this qualifies him for CRSC. 

 

In support of his appeal, he provides an extract of his DVA 
decision rating. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant was retired for years of service on 1 April 1985. 
He completed 20 years, 6 months, and 17 days of active duty 
service. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSDC recommends denial stating, in part, that his 
condition does not meet the mandatory criteria for compensation 
under the CRSC program. 

 

The applicant submitted a claim for CRSC for sinusitis and 
hypertension and it was disapproved on 24 Sep 07. He requested 
reconsideration of his claim for hypertension; however, in 
Oct 09, his claim was disapproved. 

 


The DVA awards service connected disabilities based on their 
standards. They resolve doubt in the interest of the veteran 
and grant service connection for injuries or diseases incurred 
while in service. While service connection for disabilities is 
required for initial eligibility for CRSC consideration, CRSC 
criteria is more stringent and requires documentation to support 
a qualifying combat-related event as the direct cause of a 
disability. 

 

The DVA Rating Decision, dated 2 November 2010, reflects the 
applicant's newly awarded hypertensive cardiovascular disease 
was awarded secondary to his previously awarded hypertension. 
His Rating Decision clearly states "medical records ruled out 
ischemic heart disease." Hypertension was not included in the 
newly authorized Agent Orange presumptive conditions. For 
hypertension to qualify for CRSC, it must be either secondary to 
a combat-related condition (such as diabetes or heart condition 
contracted by exposure to Agent Orange [herbicides]) or 
presumptive to Prisoner of War (POW) internment. Since his 
hypertensive cardiovascular disease was awarded secondary to his 
hypertension, DPSDC is unable to approve this condition for 
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 or (the member is retired under 
Chapter 61 (disability retired). 

 

 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 include any Purple Heart 
disabilities) that are compensated by the DVA. 

 

The complete AFPC/DPSDC evaluation, with attachments, 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 15 April 2011 for review and comment within 
30 days. As of this date, no response has been received by this 
office (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. 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 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. 

 

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The following members of the Board considered Docket Number BC-
2010-04323 in Executive Session on 13 September 2011, under the 
provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 11 Nov 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSDC, dated 30 Mar 11, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11. 

 

 

 

 

 Panel Chair