RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00003
INDEX NUMBER:136.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect eligibility for Combat-Related
Special Compensation (CRSC) benefits.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He’s not an Air National Guardsman or Air Force Reservist. He
thought the compensation was for combat involvement and to obtain
7200 points not length of service. His Department of Veterans
Affairs (DVA) records show he was unemployable for several years
which should compensate for length of service.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant served on active duty from 15 Sep 42 to 28 Oct 45. He
completed 3 years, 2 months, and 3 days of active duty service.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, although applicant’s service connected medical conditions
exceed the required 10 percent rating, he did not meet the
eligibility requirement of retirement with 20 or more years of
active 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
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 21 May 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. 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 its 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 following members of the Board considered AFBCMR Docket Number
BC-2004-00003 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 23 Dec 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 6 May 04.
Exhibit D. Letter, SAF/MRBR, dated 21 May 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2004-01891
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request since he does not meet the basic CRSC eligibility criteria of having 20 years of active military service. 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 its rationale as the basis for our conclusion...
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-2004-00564
_________________________________________________________________ APPLICANT CONTENDS THAT: He should be eligible to receive CRSC benefits since he was disability retired with a 50% rating and his retired pay multiplier infers that he had 20 years of service. 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. _________________________________________________________________ The...
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...
AF | BCMR | CY2004 | BC-2004-00384
Applicant’s complete submission, with attachment, is at Exhibit A. 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 applicant has not been the victim of an error or injustice. _________________________________________________________________ The following members of the Board considered...
AF | BCMR | CY2004 | BC-2004-00466
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00466 INDEX NUMBER: 128.14 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His years of active service be recalculated to include his time on the Temporary Disability Retired List (TDRL) to qualify him for Combat-Related Special Compensation (CRSC) benefits. ...
AF | BCMR | CY2004 | BC-2003-03775
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, that although his service-connected medical conditions exceed the required 10% rating, he does not qualify for CRSC since he did not complete 20 years of active service. 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...
AF | BCMR | CY2004 | BC-2004-01799
The CRDP is applicable to all retirees who have a Department of Veterans Affairs (DVA) rated service-connected disability of 50 percent of higher, with the exception of disability retirees with less than 20 years of service, and retirees who have combined their military and civil service time to qualify for a civil service retirement. 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...
AF | BCMR | CY2004 | BC-2003-02737
___________________________________________________________________ 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. 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...
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.