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AF | BCMR | CY2004 | BC-2003-02362
Original file (BC-2003-02362.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02362
            INDEX NUMBER:  136.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His approved Combat-Related Special Compensation (CRSC) payment  be
adjusted   to   include   compensation   for   his   100    percent
unemployability.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His Department of Veterans Affairs (DVA) Disability rating is at 60
percent, but he is being compensated  at  100  percent  because  of
unemployability as a direct consequence of his disability.  The Air
Force recognizes the disability  as  combat-related,  but  not  the
unemployability factor.  His entire amount of DVA  compensation  is
withheld from his retired pay and he would  like  the  full  amount
restored by the CRSC program.

In support of his appeal, applicant submitted a copy  of  his  CRSC
approval letter, dated 17 Jun 03; DFAS letter, dated 27 Jun 03, and
the DVA Disability Compensation Award letter, dated 24 Apr 02.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was retired for years  of  service  on  31  Aug  84.   He
completed 23 years, 2 months, and 9 days of active duty service.

The  applicant’s  CRSC  application  was  approved  on  17  Jun  03
authorizing him payment for his 60 percent  DVA  rating  due  to  a
combat-related disability.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, the question of compensating veterans for unemployability has
been addressed to the office of the Secretary of Defense;  however,
no decision has been made as of this date authorizing the  increase
in payment in this area.

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
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 C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 15 August 2003 for review and comment within  30  days.   As  of
this date, no response has been received by  this  office  (Exhibit
D).

___________________________________________________________________

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   their
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.

___________________________________________________________________

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 Docket  Number
BC-2003-02362 in Executive Session on  10  March  2004,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha Maust, Member
      Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 14 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Aug 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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