RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02086
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he is qualified for Combat-Related
Special Compensation (CRSC) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been denied award of CRSC benefits because he did not complete 20
years of active service; however, his physical and mental disabilities
prevented him from doing so.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was permanently retired for disability effective 26 June 1980,
with a disability rating of 100%. He completed 1 year, 6 months, and 1 day
of active Federal military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request, stating, in part, the
applicant was treated fairly throughout the Disability Evaluation System
(DES) processing and does not meet the basic CRSC eligibility of having 20
years of active military service.
The 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 7200 or more
Reserve retired points.
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 current combined qualifying disability ratings (percentages)
that meet the following prescribed thresholds:
(1) A current combined DVA disability rating of at least ten
(10) percent if the retiree has been awarded a Purple Heart (PH), or
(2) A current combined DVA disability rating of at least 60
percent.
The complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29
August 2003 for review and comment within 30 days. As of this date, this
office has received no response (Exhibit F).
_________________________________________________________________
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. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The office of primary
responsibility has adequately addressed applicant’s contentions and we
agree with their opinion and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain his burden that he
has suffered either an error or an injustice. Hence, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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 Docket Number BC-2003-02086
in Executive Session on 10 March 2004, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Martha A. Maust, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Applicant, dated 27 Jun 03.
Exhibit D. Letter, AFBCMR, dated 2 Jul 03.
Exhibit E. Letter, AFPC/DPPD, dated 20 Aug 03.
Exhibit F. Letter, SAF/MRBR, dated 29 Aug 03.
THOMAS S. MARKIEWICZ
Chair
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