RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01893
INDEX NUMBER: 128.14
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late father’s records be corrected to show that he was eligible to
receive Combat-Related Special Compensation (CRSC) benefits from the date
the CRSC program was established until the date of his death.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her father wanted to apply for benefits under the CRSC; however, he was too
ill to do so prior to his death. His estate should not be penalized
because he was too ill to submit the proper paperwork.
Her father was a bomber pilot during World War II and was injured when his
aircraft was shot down over Germany. He was beaten by German civilians and
interned as a Prisoner-of-War (POW) for about a year.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member was a former member of the Army Air Corps, who served in the
European Theatre of Operation during World War II, as a B-17 pilot. On 8
May 1944, while on a bombing mission over Berlin, Germany, his aircraft was
shot down and he was injured during the forced bailout. He was captured by
the German Army and interned as a POW until 29 April 1945.
On 20 December 1971, he was awarded the Purple Heart for wounds incurred on
8 May 1944, in action against an enemy of the United States.
He retired from the Regular Air Force for years of service on 1 April 1972.
He completed 28 years and 29 days of active duty service.
The member died on 18 August 2003.
_________________________________________________________________
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 benefit since he did not apply for and
elect CRSC benefits.
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].
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states, among other things, that it is heartless to deny the
requested relief because her father was too ill. During the period in
question, she was struggling with trying to keep her father alive and
caring for her mother who has Alzheimer’s disease. In cases of this
nature, there should be some sort of a waiver available. His illness and
subsequent death were during the time the CRSC was initially implemented,
so he did not have enough time to research it and put an application packet
together before his death.
Applicant’s complete response, with attachments, 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. In this respect, we note that the
applicant is the surviving daughter of a deceased retired member. While
serving in the European Theatre of Operation during World War II, as an
Army Air Corps B-17 pilot, the applicant’s father was shot down during a
bombing mission over Berlin, Germany. He was injured during the forced
bailout from the aircraft, captured by the German Army, and interned as a
POW. For his injuries, sustained during the forced bailout from the
aircraft, he was awarded the Purple Heart. After her father’s death, the
applicant applied for CRSC benefits in her late father’s behalf. Although
her father met the criteria for CRSC benefits prior to his death, her
application was disapproved because her father did not apply for CRSC
benefits prior to his death. The applicant states that her father wanted
to apply for CRSC benefits; however, he was too ill to do so prior to his
death. In view of this, and since we have no reason to question the
applicant’s personal statement, we recommend the member’s records be
corrected to show that he applied for CRSC benefits on 1 May 2003.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 1 May 2003, he submitted DD Form
2860, Application for Combat-Related Special Compensation (CRSC), and his
application was accepted for review by competent authority.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-01893
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
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jun 04, w/atchs.
Exhibit B. Member's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 20 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 23 Jul 04.
Exhibit E. Letter, Applicant, dated 27 Jul 04.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2004-01893
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXX, be corrected to show that on 1 May 2003, he submitted
DD Form 2860, Application for Combat-Related Special Compensation (CRSC),
and his application was accepted for review by competent authority.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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