RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01891
INDEX NUMBER: 128.14
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to Combat-Related Special Compensation (CRSC) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should be eligible for CRSC benefits since he is 100% disabled.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was permanently retired for disability effective 26 March 1973,
with a disability rating of 60%. He completed 18 years, 1 month, and 26
days of active federal military 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.
_________________________________________________________________
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. AFPC/DPPD states, in part, the CRSC program was established to
provide compensation to certain retirees with combat-related disabilities
that qualify under the criteria set forth in Public Law 107-314. If the
veteran fails to satisfy the preliminary CRSC criteria, no further
consideration is required and the request is denied.
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 17
September 2004 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 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. 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-2004-01891
in Executive Session on 14 December 2004, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jun 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 10 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 17 Sep 04.
THOMAS S. MARKIEWICZ
Chair
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