RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02737
INDEX NUMBER: 136.00
XXXXXXX COUNSEL: DAV
XXXXXXX HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to Combat-Related Special Compensation (CRSC)
benefit.
___________________________________________________________________
APPLICANT CONTENDS THAT:
According to Public Law 108-136 (sic), he and other Air Force
Reserve members were to be treated the same as active duty retirees
with 20 years of service.
In support of his appeal, applicant submitted a personal statement
and copies of the response from his CRSC application.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant, a Reservist, was placed on the Air Force Retired List,
Retired Reserve Section, effective 28 April 1995. He completed
20 years, 10 months, and 17 days of satisfactory federal service.
He earned 2709 points under the provisions of 10 USC 12733.
Applicant’s date of birth (DOB) is 1 May 1948; he will be eligible
for retired pay at age 60 on 1 May 2008.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, that the CRSC operations section erroneously approved
applicant’s request, then later denied his request based on Public
Law 107-134 and its current amendment. Although applicant’s
service connected medical conditions exceed the required 10 percent
rating, he did not meet the basic eligibility requirement of being
60 years of age to be eligible for retired pay.
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
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.
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 qualifying disability ratings (percentages) [retiree
must be entitled to compensation for service-connected disabilities
under 10 USC 38 by the DVA].
Qualifying Combat-Related Disability: Member has
combat-related disabilities (which includes any Purple Heart
disabilities) that are compensated by the DVA.
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 25 June 2004 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. Applicant’s
contention that he and other Air Force Reserve members are to be
treated the same as active duty retirees with 20 years of service
under the Combat-Related Special Compensation (CRSC) program is
duly noted. However, we do not find his argument, in and of
itself, sufficiently persuasive to override the rationale expressed
by the Air Force. It appears the applicant’s service-connected
medical conditions exceed the required ten percent; however, at
this time, he does not meet the basic eligibility requirement of
being 60 years of age and eligible for Reserve retired pay. He
will be eligible for CRSC benefits on his 60th birthday. Based on
the foregoing, and in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
___________________________________________________________________
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.
It should be noted the applicant is eligible for CRSC without the
requested change.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
B0-2003-02737 in Executive Session on 15 September 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 16 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 22 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
Thomas S. Markiewicz
Chair
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