RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00182
INDEX NUMBER: 136.00
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting that he be eligible for
benefits under the Combat-Related Special Compensation (CRSC)
program.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His records do not reflect total time he served including his time
on the Temporary Disability Retirement List (TDRL). His active
service time and the time while on the TDRL totaled 23 years and 3
months. He was being medically treated and fully under the Air
Force’s control until his final retirement. To deny him this
compensation is an injustice.
In support of his appeal, applicant submitted a personal statement;
a copy of his DD Form 214, Certificate of Release or Discharge from
Active Duty, dated 12 Jul 82; copy of his TDRL order, dated
21 Jun 82, and his permanent retirement order, dated 30 Oct 86.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant name was placed on the TDRL effective 13 July 1982. At
that time, he had completed 18 years, 10 months, and 15 days of
active federal military service. He was permanently retired for
disability effective 19 Nov 86 with a disability rating of 60%.
___________________________________________________________________
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 16 April 04 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 noted 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 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-2004-00182 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 9 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 6 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 16 Apr 04.
Thomas S. Markiewicz
Chair
AF | BCMR | CY2004 | BC-2003-04057
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04057 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’s complete submission is at Exhibit A. We took notice of the applicant's complete submission in...
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-2003-04256
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04256 INDEX NUMBER: 136.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: His Air Force active duty service time be considered to qualify him for Combat Related Special Compensation (CRSC). ___________________________________________________________________ AIR FORCE...
AF | BCMR | CY2004 | BC-2004-02078
___________________________________________________________________ APPLICANT CONTENDS THAT: The time he spent in the Temporary Disability Retirement List (TDRL) be considered as part of his 20 years of service requirement. Applicant’s complete submission is at Exhibit A. Therefore, 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...
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-2004-01886
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. We noted 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...
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 | CY2005 | BC-2003-04302
___________________________________________________________________ APPLICANT CONTENDS THAT: His over 19 years of service qualifies him to have his records changed to reflect completion of 20 years of active service. After careful review of the evidence of record and applicant’s complete submission, it appears the applicant has been credited with all active service creditable under the governing regulation and laws in effect at the time of his disability retirement. Furthermore, based on...
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 | CY2006 | BC-2005-01865
After the death of her husband, she became aware that his disability rating had been increased to 40% and applied for CRSC benefits on his behalf. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05. THOMAS S. MARKIEWICZ Chair AFBCMR BC-2005-01865 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The...