RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03728
INDEX NUMBER: 136.01
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 JUN 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting that he be entitled to
Combat-Related Special Compensation (CRSC) benefits.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The decision was incorrect because of omitted evidence. He
enclosed evidence from the Department of Veterans Affairs (DVA)
decision that was granted on the basis of presumption.
In support of his appeal, applicant submitted a copy of DVA
decisions, dated 24 Oct 03 and 27 Apr 04.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant, a Reservist, was placed on the Air Force Retired List,
Retired Reserve Section, effective 28 Dec 99. He completed
23 years, 3 months, and 6 days of satisfactory federal service.
Applicant has a date of birth of 5 Apr 48.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, the veteran was a member of the Air National Guard and has
not yet reached the age of 60. Based on the current guidelines,
the applicant’s conditions are combat-related since his Chronic
Fatigue Syndrome is considered presumptive to Persian Gulf War
Service. His Major Depressive Disorder is considered secondary to
his Chronic Fatigue Syndrome; therefore, this condition would also
be eligible for CRSC. However, since the applicant does not meet
the basic eligibility guidelines, he is not eligible to receive
compensation at this time. Once he reaches age 60 (Apr 2008), he
may reapply and will be considered for CRSC under the guidelines in
place at that time.
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:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 March 2005 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 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. The applicant completed 20 years
of satisfactory federal service; however, he has not yet attained
age 60 and is not receiving retired pay. Therefore, he is
currently not eligible for CRSC compensation. Once he reaches age
60 (5 April 2008) he may reapply and will be considered for CRSC
under the guidelines in place at that time. Based on the
foregoing, and 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 Docket Number BC-2004-
03728 in Executive Session on 12 October 2005, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher D. Carey, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 3 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 11 Mar 05.
THOMAS S. MARKIEWICZ
Chair
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