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AF | BCMR | CY2005 | BC-2005-00423
Original file (BC-2005-00423.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00423
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  9 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her father's records be corrected  to  show  his  service-connected  medical
conditions, coronary  artery  disease  and  residuals  of  cold  injury,  be
assessed as combat related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father was 100% disabled and receiving total care  from  the  Department
of Veterans' Affairs (DVA).

In support of her request, applicant provided documentation associated  with
her CRSC application.  Her complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member served in the Army of the United  States  from  18 Feb  43
through 12 Oct 45.  He contracted his initial enlistment in the Regular  Air
Force on 31 Jan 48.  He was progressively promoted to  the  grade  of  chief
master sergeant, having assumed that grade effective  and  with  a  date  of
rank of 1 Apr 65.  He served as a First Sergeant.   He  voluntarily  retired
from the Air Force on 30 Jun 73, having served 28  years,  1  month,  and  2
days on active duty.  He died on 29 Jul 04.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 100% for the unfitting conditions.

The CRSC application was disapproved on 2 Nov 04 based upon  the  fact  that
the service-connected medical conditions were determined not to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the CRSC program  is  designed  to
replace military  retirement  pay  being  offset  by  DVA  compensation  for
disabilities considered as combat related.  Although the veteran  was  rated
as 100% disabled by the DVA, he did not waive  his  military  retirement  to
receive DVA compensation.  CRSC guidelines require the  individual  waive  a
portion of their military retirement to receive DVA compensation.

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 25  Feb
05 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  available
evidence of record, it is our opinion  that  the  service-connected  medical
conditions the applicant believes are combat-related were  not  incurred  as
the direct result of armed conflict, while engaged in hazardous service,  in
the performance of duty under  conditions  simulating  war,  or  through  an
instrumentality of war, and  therefore,  do  not  qualify  for  compensation
under the CRSC Act.  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 former member has not been the  victim  of
an error or injustice.  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-2005-
00423 in Executive Session on 14 Dec 05, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard J. Peterson, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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