RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02736
INDEX NUMBER: 108.07
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show that she is qualified for Combat-Related
Special Compensation (CRSC) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her active duty military service period should be adjusted to include the
time she spent under the enhanced retirement qualification era.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was retired effective 1 October 1994, under the Temporary Early
Retirement Authority (TERA). She completed 16 years, 5 months, and 27 days
of active Federal military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request, stating, in part, that
members who accepted early retirement under the TERA program are not
currently eligible for compensation under the CRSC program.
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 C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
December 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. 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 her burden that she
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-2003-02736
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 7 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 21 Nov 03.
Exhibit D. Letter, SAF/MRBR, dated 5 Dec 03.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-02670
A review of the applicant’s pay records at the Defense Finance and Accounting Service (DFAS) reflects she waived her Air Force retired pay for the purpose of receiving disability compensation through the Department of Veterans Affair (DVA). ___________________________________________________________________ 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...
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-2003-03541
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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2003-03541 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....
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-2003-02405
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. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD...
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-2003-02086
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-2003-02777
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 | CY2006 | BC-2005-01544
___________________________________________________________________ APPLICANT CONTENDS THAT: He retired after 19 years and 9 months of active duty service under the Temporary Early Retirement Authority (TERA). ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, a review of veteran’s personnel files shows that he is currently not eligible for compensation under CRSC since he did...
AF | BCMR | CY2004 | BC-2003-02652
_________________________________________________________________ APPLICANT CONTENDS THAT: His records are in error because his Certificate of Retirement from the Air Force says he’s retired. At that time, he had completed 19 years, 7 months, and 9 days of active duty service. Effective 26 Feb 95, his name was removed from the TDRL and he was permanently retired for disability, with a combined compensable disability rating of 60%.