RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00564
INDEX NUMBER: 128.14
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NONE
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to Combat-Related Special Compensation (CRSC) benefits.
_________________________________________________________________
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.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was permanently retired for disability effective 3 July 1970,
with a disability rating of 50%. He completed 11 years, 1 month, and 20
days of active federal military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in part, that
he is not eligible for CRSC because he did not complete 20 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:
He was not scheduled for a Physical Evaluation Board (PEB) as indicated by
the evaluation. To the contrary, he was scheduled for a physical
examination prior to his voluntary assignment to Vietnam. At that time, he
was advised that since he had been on a physical waiver since December 1963
and the Vietnam war was drawing down, the Air Force had to get rid of many
officers and anyone on a waiver was to be retired. The physical
examination was used as the basis for his retirement. His service-
connected disability has now been increased to 80% by the Department of
Veterans Affairs (DVA) based on residual paralysis from the aircraft
accident and prostate cancer related to Agent Orange exposure in Vietnam.
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 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-2004-00564
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 16 Feb 04, w/atchs.
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.
Exhibit E. Letter, Applicant, dated 10 Jun 04.
THOMAS S. MARKIEWICZ
Chair
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