Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-01570
Original file (BC-2004-01570.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01570
            INDEX NUMBER:136.00

            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

With 19 years, 8  months,  and  7  days  of  active  service,  100%
Department of Veterans  Affairs  (DVA)  compensation  and  being  a
service-connected veteran  he  should  be  eligible  for  the  CRSC
benefit.

In support of his appeal, applicant submitted a personal statement;
a letter from DFAS, dated 28 Jan 04,  and  a  CRSC  denial  letter,
dated 5 May 04.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was retired effective 1 June 1994,  under  the  Temporary
Early  Retirement  Authority  (TERA).   He  completed   19   years,
8 months, and 7 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  did  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.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

By letter, dated  10  May  04,  through  his  member  of  Congress,
applicant explained his views of the circumstances surrounding  his
entitlement to the CRSC program.

Applicant’s complete response 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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error  or  injustice.   We  noted  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.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-2004-01570 in Executive Session on 14 December 2004,  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 12 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPD, dated 24 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
    Exhibit E.  Letter, Applicant’s Congressman,
                dated 16 Aug 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-01891

    Original file (BC-2004-01891.DOC) Auto-classification: Denied

    _________________________________________________________________ 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. 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...

  • AF | BCMR | CY2004 | BC-2004-01799

    Original file (BC-2004-01799.DOC) Auto-classification: Denied

    The CRDP is applicable to all retirees who have a Department of Veterans Affairs (DVA) rated service-connected disability of 50 percent of higher, with the exception of disability retirees with less than 20 years of service, and retirees who have combined their military and civil service time to qualify for a civil service retirement. 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...

  • AF | BCMR | CY2004 | BC-2004-00564

    Original file (BC-2004-00564.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He should be eligible to receive CRSC benefits since he was disability retired with a 50% rating and his retired pay multiplier infers that he had 20 years of service. 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. _________________________________________________________________ The...

  • AF | BCMR | CY2004 | BC-2004-00003

    Original file (BC-2004-00003.DOC) Auto-classification: Denied

    His Department of Veterans Affairs (DVA) records show he was unemployable for several years which should compensate for length of service. He completed 3 years, 2 months, and 3 days of active duty service. 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...

  • AF | BCMR | CY2004 | BC-2004-01472

    Original file (BC-2004-01472.DOC) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit A. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, although his service-connected disabilities exceed the required 10 percent rating, the applicant does not meet the basic CRSC eligibility criteria of having 20 years of active service. ___________________________________________________________________ The following members of the...

  • AF | BCMR | CY2004 | BC-2003-02737

    Original file (BC-2003-02737.DOC) Auto-classification: Denied

    ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, that the CRSC operations section erroneously approved applicant’s request, then later denied his request based on Public Law 107-134 and its current amendment. It appears the applicant’s service-connected medical conditions exceed the required ten percent; however, at this time, he does not meet the basic eligibility requirement...

  • AF | BCMR | CY2004 | BC-2003-04057

    Original file (BC-2003-04057.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04057 INDEX NUMBER: 136.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect eligibility for Combat-Related Special Compensation (CRSC) benefits. Applicant’s complete submission is at Exhibit A. We took notice of the applicant's complete submission in...

  • AF | BCMR | CY2004 | BC-2003-03775

    Original file (BC-2003-03775.DOC) Auto-classification: Denied

    _________________________________________________________________ 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 since he did not complete 20 years of active service. 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...

  • AF | BCMR | CY2004 | BC-2003-02599

    Original file (BC-2003-02599.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02599 INDEX NUMBER: 128.14 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Air National Guard (ANG) service be combined with his active service to qualify for Combat-Related Special Compensation (CRSC) benefits. We took notice of the applicant's complete submission in judging the...

  • AF | BCMR | CY2004 | BC-2004-00318

    Original file (BC-2004-00318.DOC) Auto-classification: Denied

    Applicant’s complete submission is at Exhibit A. 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. ___________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2004-00318 in Executive Session on 15 September 2004, under the provisions of AFI 36-2603: Mr. Thomas S. Markiewicz, Chair Ms. Martha A. Maust,...