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AF | BCMR | CY2004 | BC-2004-03209
Original file (BC-2004-03209.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03209
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased father's records be corrected to show that he was eligible  for
benefits under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In November  2003,  her  father  was  being  treated  for  complications  of
lymphoma.  During that time she attempted to  assist  him  in  applying  for
CRSC benefits but due to the seriousness of his illness  he  was  unable  to
stay focused enough to complete  the  application.   Her  mother  should  be
eligible to receive CRSC benefits from the date  of  implementation  of  the
CRSC program to the date of her father's death.

Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The former member was a member of the National Guard from 1 Feb  54  through
25 Oct 54.  He contracted his initial enlistment in the  Regular  Air  Force
on 25 Oct 55.  He was progressively  promoted  to  the  grade  of  technical
sergeant, having assumed that grade effective and with a date of rank  of  1
Feb 75.  He voluntary retired from the  Air  Force  on  31  Oct  76,  having
served 22 years and 21 days on active duty.

The applicant died on 28 Jan 04.  The  CRSC  application  submitted  by  his
daughter was disapproved on 10 Sep 04 based upon the fact that  the  veteran
did not sign the application.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD  recommends  denial.   DPPD  states  his  CRSC   application   was
submitted  by  his  daughter  and  trustee   to   determine   combat-related
eligibility and rating.  Although  the  veteran's  Department  of  Veterans'
Affairs service  connected  disabilities  exceed  the  required  10  percent
rating, the application does not meet the basic CRSC  eligibility  criteria,
which  states  the  retiree  must  apply  for  and  elect  CRSC.   The  DPPD
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 19  Nov
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 the  deceased  retired  member.   Her
father passed away on  28 January  2004.   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  she  attempted  to
assist her father  in  applying  for  CRSC  benefits  prior  to  his  death;
however, he was too ill to do so.  In view of this, and  since  we  have  no
reason to question  the  applicant’s  integrity,  we  recommend  the  former
member’s records be corrected to show that he applied for CRSC  benefits  on
1  June  2003.   Applicant's  request  for  CRSC  benefits  was  considered;
however, we believe that the proper action at this time is to have the  CRSC
board  review  the  deceased  member's  record  to  determine  whether   his
conditions qualify for CRSC benefits.  If the  applicant  is  not  satisfied
with the decision of the CRSC board, she can reapply to this Board.

_________________________________________________________________

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 June 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 AFBCMR Docket Number  BC-2004-
03209 in Executive Session on 14 Dec 04, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Ms. Martha A. Maust, Member



All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Nov 04.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Nov 04.




                             THOMAS S. MARKIEWICZ
                                             Chair

AFBCMR BC-2004-03209




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 APPLICANT, be corrected to show that on 1 June 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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