RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01420
            INDEX CODE:  136.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  28 OCT 2005

___________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  entitled  to  Combat-Related  Special  Compensation  (CRSC)
benefits.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The disapproval of his CRSC application is not based upon the facts
submitted in the application.  It  is  unjust  and  unfair  and  is
contrary to the law and facts of the case.

His application was denied because he is not receiving compensation
from the Department of Veterans Affairs (DVA).  He believes it is a
fundamental error, as a matter  of  law,  to  base  his  denial  on
procedural matters as opposed to the applicable substantive law.

Also, his lack of 20 years  of  active  service  is  an  impossible
criteria to meet since he was disabled in active service, prior  to
having 20 years of service, as a result  of  serving  in  a  combat
area.

In support of his appeal, applicant submitted a personal  statement
and a copy of his CRSC denial package, dated 10 Feb 04.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant, a commissioned officer, entered on  extended  active
duty (EAD) on 1 Oct 43.  He served as a pilot flying  B-24  bombers
in the European  Theater  during  World  War  II.   A  chest  x-ray
obtained during a routine physical examination  in  September  1944
disclosed  changes  in  the  left  upper   lobe   consistent   with
tuberculosis.

Applicant  was  permanently  retired   for   disability   effective
17 Jun 1945, with  a  disability  rating  of  100%.   He  completed
1 year, 8 months, and 18 days of active federal military service.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial  of  applicant’s  request  stating,  in
part, although  applicant’s  service-connected  medical  conditions
exceed the required  10  percent  rating,  he  does  not  meet  the
eligibility requirement of retirement with  20  or  more  years  of
active 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.

The complete evaluation is at Exhibit C.

The BCMR Medical Consultant reviewed this application and is of the
opinion that no change in the records is warranted.  The  applicant
was retired for disability due to pulmonary tuberculosis (under the
provisions  of  the  Act  of  3 April 1939)  on  17  Jun  45,  with
entitlement to retirement pay.

On 8 May 45, an Army Retiring Board  found  him  incapacitated  for
active service due to  tuberculosis,  pulmonary,  chronic,  active,
reinfection type, upper lobe, left lung, minimal, rated 100%.   The
Board determined his disability was not incurred in combat nor  was
it due to an instrumentality of war.

Applicant did not serve for 20 years.   He  argues  that  the  100%
disability rating assigned by the Army Retirement Board at the time
of his retirement from the Army in 1945 should be equated to a  20-
year  length  of  service  retirement   and   qualifies   him   for
consideration in the program.  The  fact  that  he  was  disability
retired with a 100% rating does not qualify  him  for  compensation
under the CRSC program.

The intent of the CRSC program is  to  offset  the  deduction  from
length of service retired pay for service-connected disability  pay
received for the DVA under Title  38  for  disabilities  considered
combat-related.  The applicant does not  qualify  for  compensation
under the CRSC program because he did not serve 20 years on  active
duty, he has not  received  service-connected  disability  payments
from the DVA under Title 38 and no deductions from this  disability
retired pay have been  made  for  such  payments  and  lastly,  his
tuberculosis is not directly due to combat,  hazardous  service  or
other qualifying circumstances.  Action  and  disposition  in  this
case are proper and equitable reflecting compliance with Air  Force
directives that implement the law.

A complete copy of the evaluation is at Exhibit F.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his original  contentions  and  explained  his
disagreement with the advisory opinions.

Applicant’s complete responses, with attachments, are at Exhibits D
and H.

___________________________________________________________________

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 opinions  and  recommendations  of
the Air Force offices 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-2004-01420 in Executive Session  on  23  June  2005,  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 26 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 9 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 04.
    Exhibit E.  Letter, Applicant, dated 30 Jul 04, w/atchs.
    Exhibit F.  Letter, AFBCMR Medical Consultant, dated 28 Feb 05.
    Exhibit G.  Letter, AFBCMR, dated 10 Mar 05.
    Exhibit H.  Letter, Applicant, dated 4 Apr 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair