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
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