Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-01472
Original file (BC-2004-01472.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01472
            INDEX NUMBER:  136.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be given the required years of service to qualify  for  benefits
under the Combat-Related Special Compensation (CRSC) program.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He did not serve  20  years  because  of  the  plane  crash,  which
resulted in his disability and  the  reason  he  was  not  able  to
continue in the Air Force.

In support of his appeal, applicant submitted a copy of  WAGO  Form
199, the Proceedings of Army Retiring Board of Officers.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant  was  permanently  retired   for   disability   effective
30 Sep 1947, with a disability rating of 40%.  He completed 6 years
of active federal military service.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part,  although  his  service-connected  disabilities  exceed   the
required 10 percent rating, the applicant does not meet  the  basic
CRSC eligibility criteria of having 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:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 1 Jul 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-2004-01472 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 3 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 24 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • 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-2003-02599

    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-2004-01901

    Original file (BC-2004-01901.DOC) Auto-classification: Denied

    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 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. ...

  • AF | BCMR | CY2004 | BC-2004-00318

    Original file (BC-2004-00318.DOC) Auto-classification: Denied

    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. ___________________________________________________________________ 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,...

  • 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-2004-01891

    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 | CY2005 | BC-2004-01420

    Original file (BC-2004-01420.doc) Auto-classification: Denied

    He argues that the 100% disability rating assigned by the Army Retirement Board at the time of his retirement from the Army in 1945 should be equated to a 20- year length of service retirement and qualifies him for consideration in the program. The fact that he was disability retired with a 100% rating does not qualify him for compensation under the CRSC program. The applicant does not qualify for compensation under the CRSC program because he did not serve 20 years on active duty, he has...

  • AF | BCMR | CY2004 | bc-2004-01886

    Original file (bc-2004-01886.DOC) Auto-classification: Denied

    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-2004-00182

    Original file (BC-2004-00182.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...

  • AF | BCMR | CY2005 | BC-2004-01570

    Original file (BC-2004-01570.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. The complete evaluation is at Exhibit...