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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