RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02553
INDEX NUMBER: 108.07
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 should be entitled to CRSC benefits because he is 100% disabled due to
chronic lymphoma leukemia, which is service-connected. In addition, he
served 8 campaigns, or 5 years, in the Southeast Asian theatre of
operations.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was retired effective 1 December 1993, under the Temporary Early
Retirement Authority (TERA). He completed 18 years, 8 months, and 6 days
of active Federal military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request, stating, in part, that
he does not meet the basic CRSC eligibility requirement 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 12
September 2003 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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 its 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-2003-02553
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 21 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 29 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 12 Sep 03.
THOMAS S. MARKIEWICZ
Chair
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