Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-00384
Original file (BC-2004-00384.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00384
            INDEX NUMBER:  128.14

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be awarded  Combat-Related  Special  Compensation  (CRSC)  benefits  and
awarded the rank of staff sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She served with the Joint Medical Readiness Training Center for  four  years
and  every  two  weeks  they  created  and  participated  in  simulated  war
conditions.  In addition, when the Air Force deleted the rank  of  sergeant,
she was effectively demoted.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was placed on the Temporary Disability Retired List  (TDRL)  on  4
June 1991.  On 16 October 1992, she was permanently retired  for  disability
in the grade of sergeant (E-4),  with  a  disability  rating  of  30%.   She
completed 4 years,  5  months,  and  17  days  of  active  federal  military
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating,  in  part,  that
applicant does not meet the basic CRSC requirement of completing 20 or  more
years of active service.  She was not eligible  for  promotion  because  she
was a non-select due to her Weighted Airmen Promotion System (WAPS) score.

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 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  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.
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  Docket  Number  BC-2004-00384
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 30 Jan 04, w/atch
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-00384

    Original file (BC-2005-00384.DOC) Auto-classification: Denied

    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. We took notice of the applicant's complete submission in...

  • AF | BCMR | CY2004 | BC-2004-01891

    Original file (BC-2004-01891.DOC) Auto-classification: Denied

    _________________________________________________________________ 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-2004-00003

    Original file (BC-2004-00003.DOC) Auto-classification: Denied

    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-2003-02599

    Original file (BC-2003-02599.DOC) Auto-classification: Denied

    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

    Original file (BC-2004-00564.DOC) Auto-classification: Denied

    _________________________________________________________________ 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-2004-00466

    Original file (BC-2004-00466.DOC) Auto-classification: Denied

    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

    Original file (BC-2003-03775.DOC) Auto-classification: Denied

    _________________________________________________________________ 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-2003-02439

    Original file (BC-2003-02439.DOC) Auto-classification: Denied

    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-2004-01799

    Original file (BC-2004-01799.DOC) Auto-classification: Denied

    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

    Original file (BC-2003-02737.DOC) Auto-classification: Denied

    ___________________________________________________________________ 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...