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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