RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00318
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.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He completed 19 years and 6 months and feels that it was an
injustice not to be allowed to complete six more months which would
have given him 20 years of active service.
In support of his appeal, applicant submitted a personal statement;
his Retirement Special Order-Physically Unfit, dated 14 May 92;
DD Forms 214, Certificate of Release or Discharge from Active Duty,
dated 20 Oct 76 and 27 Jul 92; correspondence from the Department
of Veterans Affairs (DVA) regarding his DVA claims; a letter from
the Disabled American Veterans, dated 15 Aug 02 and CRSC Denial
Letter, dated 7 Nov 03.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was permanently retired for disability effective
28 Jul 92, with a disability rating of 100%. He completed
19 years, 6 months, and 2 days of active federal military 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:
Applicant states he would be willing to buy back his six months of
leave time to be added to his 19 years and 6 months of active duty.
Applicant’s complete response is at Exhibit E.
___________________________________________________________________
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-2004-00318 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 26 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 26 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 7 May 04.
Exhibit E. Letter, Applicant, dated 11 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-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 | CY2005 | BC-2004-01570
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. 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 complete evaluation is at Exhibit...
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-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-2004-00003
His Department of Veterans Affairs (DVA) records show he was unemployable for several years which should compensate for length of service. He completed 3 years, 2 months, and 3 days of active duty 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 that the applicant has not been...
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-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-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...