RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01799
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 became disabled due to operation in the Air Force and his
disability is service-connected. Had he not become disabled, he
would have made the Air Force a career with 20 or more years of
service.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was initially discharged as a marginal performer on
16 July 1982. On 3 Feb 1997, the Air Force Board for Correction of
Military Records (AFBCMR) overturned the administrative discharge,
in which he was found unfit for military service. The Board
permanently retired him for disability effective 16 July 1982, with
a disability rating of 30%, with 2 years, 10 months, and 13 days of
active military service.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, following their assessment, no evidence that the applicant is
eligible for either CRSC or the Concurrent Retirement and
Disability Payment (CRDP) compensation, especially considering his
short period of service.
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. The law contains a provision to restore retired pay
currently deducted from retirees account due to their receipt of
DVA compensation. This compensation is also known as “Concurrent
Receipt.”
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 explained the reasons surrounding his need for the CRSC
compensation.
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 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-2004-01799 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 1 Jun 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 28 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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