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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