RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02777
INDEX NUMBER: 136.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting that he be eligible for
benefits under the CRSC program.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was not aware of the Combat-Related Special Compensation (CRSC)
program until he read about it in the July-August 2003 Veterans of
Foreign Wars (VFW) newspaper.
In support of his appeal, applicant submitted a copy of AFBCMR
Directive, dated 20 Sep 72; a copy of WD AGO Form 53.55, Enlisted
Record and Report of Separation Honorable Discharge, dated
4 Jun 46, and a copy of VA Form 10-0048, Former Prisoner-of-War
(POW) Medical History.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was relieved from active duty and his name was placed on
the Temporary Disability Retired List (TDRL), effective 31 May 53.
At that time, he had completed 16 years, 2 months, and 24 days of
active duty service.
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%.
On 20 Sep 72, the AFBCMR favorably considered the applicant’s
request that his records be corrected to show that the disabilities
for which he was retired resulted from injury or disease received
in the line of duty as a direct result of armed conflict.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, the disability processing records reveal that the applicant
was referred through the Air Force Disability Evaluation System
(DES), which resulted in him being permanently retired with a
50 percent disability rating. A previous AFBCMR action was
approved on 20 Sep 72 in which applicant’s medical conditions at
the time of this permanent disability retirement were determined to
be the direct result of armed conflict. Additionally, they
determined the applicant does not meet the basic CRSC program
eligibility of having 20 years of active federal 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 26 November 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-2003-02777 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 18 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 13 Nov 03, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 26 Nov 03.
THOMAS S. MARKIEWICZ
Chair
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