RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00503
INDEX NUMBER: 136.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 AUG 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband be entitled to benefits under the Combat-Related
Special Compensation (CRSC) program.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She is requesting CRSC benefits on behalf of herself and their
daughter. The deceased military member passed away from combat-
related problems. She loved her late husband very much and stayed
with him from 1989 until 2001. She states that she left him
because of his nightmares; he would wake up screaming so loud. He
enjoyed the Air Force and retired as an E-7.
In support of her late husband’s appeal, she submitted a personal
statement; a copy of his CRSC application; a Statement of Service,
dated, Jul 84; DD Forms 214, dated 27 Sep 73, 4 Jul 77, and
15 Oct 84; a copy of the deceased member’s death certificate, and
supporting statements from the Department of Veterans Affairs
(DVA).
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The former member’s name was placed on the TDRL effective 15 Oct
84. At that time, he had completed 15 years, 7 months, and 10 days
of active federal military service. He was permanently retired for
disability effective 25 May 86, with a disability rating of 60%.
He died on 22 Jul 02.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, the veteran died on 22 Jul 02, prior to implementation of the
program; therefore, compensation is not warranted. CRSC is not
subject to any survivor benefit provisions of Chapter 73, Title 10,
United States Code.
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 22 Apr 05 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. Therefore, 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-2005-
00503 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 30 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPDC, dated 20 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 22 Apr 05.
THOMAS S. MARKIEWICZ
Chair
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