RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02405
INDEX NUMBER: 136.00
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be given the required years of service to qualify for the Combat
Related Special Compensation (CRSC) benefit.
___________________________________________________________________
APPLICANT CONTENDS THAT:
An injustice has occurred in the denial of his CRSC application and
special circumstances exist which justify his eligibility for the
CRSC program.
In support of his appeal, applicant submitted a personal statement;
a copy of his Retirement Order, dated 6 Jan 69; his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge,
dated 3 Feb 69; a citation for award of the Airman’s Medal; a copy
of DVA Disability Compensation certificate, VA Form 20-8992, dated
3 Apr 02, and a copy of his Physical Evaluation Board package,
dated 23 Dec 68.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was permanently retired for disability effective
4 Feb 1969, with a disability rating of 60%. He completed 2 years,
7 months, and 27 days of active Federal military service.
On 7 Jul 03, applicant’s application for award of the CRSC was
disapproved by AFPC/DPPDS (CRSC) based on his failure to meet the
service requirement of retirement with 20 or more years of active
service.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, they conclude that he was treated fairly throughout his
military Disability Evaluation System (DES) process and was
properly rated under federal disability guidelines at the time of
his evaluation as required by federal laws and policy.
Furthermore, the applicant does not meet the basic CRSC eligibility
of having 20 years of active military service.
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 29 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-2003-02405 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 16 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 27 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 29 Aug 03.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-02386
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02386 INDEX NUMBER:136.00 COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be corrected to reflect that he completed over 20 years of active service. He remained on the TDRL until he was permanently retired for disability effective 14 Apr 71, with a disability rating of 80%. ...
AF | BCMR | CY2004 | BC-2003-02362
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...
AF | BCMR | CY2004 | BC-2003-02599
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02599 INDEX NUMBER: 128.14 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Air National Guard (ANG) service be combined with his active service to qualify for Combat-Related Special Compensation (CRSC) benefits. We took notice of the applicant's complete submission in judging the...
AF | BCMR | CY2004 | BC-2003-02553
Applicant’s complete submission is at Exhibit A. 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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.
AF | BCMR | CY2004 | BC-2003-02086
Applicant’s complete submission is at Exhibit 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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.
AF | BCMR | CY2004 | BC-2003-02619
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02619 INDEX NUMBER: 136.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: The requirement of 20 years of service be waived so that he may be eligible for the Combat-Related Special Compensation (CRSC) program. ___________________________________________________________________ THE...
AF | BCMR | CY2004 | BC-2003-02777
Applicant’s complete submission is at Exhibit A. Effective 28 Feb 55, his name was removed from the TDRL and he was permanently retired for disability, with a combined compensable disability rating of 50%. 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...
AF | BCMR | CY2004 | BC-2003-02736
Applicant’s complete submission is at Exhibit 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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.
AF | BCMR | CY2004 | BC-2003-03688
Applicant’s complete submission is at Exhibit A. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request, stating, in part, that applicant does not meet the basis CRSC requirement of completing 20 or more years of active service. 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.
AF | BCMR | CY2004 | BC-2003-02439
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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the...