RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01631
INDEX NUMBER: 136.00
XXXXXXXXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 NOV 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting that he be entitled to
Combat-Related Special Compensation (CRSC) benefits.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Due to the late results of the Department of Veterans Affairs (DVA)
decision to increase his disability rating to 100%, the Air Force
based their decision on what they had. New information has now
been mailed on his behalf.
In support of his appeal, applicant submitted a copy of his CRSC
decision; a copy of his DVA decision and rating, dated 28 Jul 03;
DD Form 214, dated 15 Jul 75, and other awards and decoration
documents.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant’s name was placed on the Temporary Disability Retired
List (TDRL) effective 16 Jul 75. At that time, he had completed
7 years, 4 months, and 28 days of active federal military service.
He was permanently retired for disability effective 11 Dec 79, with
a disability rating of 30%.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of applicant’s request stating, in
part, although his condition may be service-connected, since he did
not retire with at least 20 years of active service, he is not
eligible for compensation under CRSC.
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 Jul 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-
01631 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 10 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPDC, dated 18 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 22 Jul 05.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2005-00503
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. Has 20 or more years of active service in the Uniformed Services...
AF | BCMR | CY2005 | BC-2005-01770
The complete evaluation is at Exhibit C. HQ AFPC/DPPD recommends denial of applicant’s request stating, in part, applicant’s personnel files show that he is currently not eligible for compensation under CRSC since he did not serve 20 years or more of active duty. Additionally, applicant retired in 1995, several years before the establishment of the CRSC program. ___________________________________________________________________ The following members of the Board considered Docket Number...
AF | BCMR | CY2006 | BC-2005-01544
___________________________________________________________________ APPLICANT CONTENDS THAT: He retired after 19 years and 9 months of active duty service under the Temporary Early Retirement Authority (TERA). ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, a review of veteran’s personnel files shows that he is currently not eligible for compensation under CRSC since he did...
AF | BCMR | CY2006 | BC-2005-01551
Applicant’s complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, although the veteran states he is rated at 100 percent disabled by the Department of Veterans Affairs (DVA), a review of the Defense Finance and Accounting Services (DFAS) files and Air Force Military Personnel files indicates the veteran did not retire from military...
AF | BCMR | CY2005 | BC-2004-01420
He argues that the 100% disability rating assigned by the Army Retirement Board at the time of his retirement from the Army in 1945 should be equated to a 20- year length of service retirement and qualifies him for consideration in the program. The fact that he was disability retired with a 100% rating does not qualify him for compensation under the CRSC program. The applicant does not qualify for compensation under the CRSC program because he did not serve 20 years on active duty, he has...
AF | BCMR | CY2005 | BC-2005-00307
The Board denied his request for disability retirement. They gave the following analysis of the case: To be eligible for CRSC, a retiree must have completed at least 20 years of service creditable for computing retired pay and have a qualifying combat-related disability. Furthermore, applicant fails to account for the differences between types of retirement and service time when he concludes that he is entitled to CRSC because he is a Chapter 61 retiree with 20 years of service and a...
AF | BCMR | CY2006 | BC-2005-02848
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02848 INDEX NUMBER: 136.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 MAR 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Combat-Related Special Compensation (CRSC) benefits. ___________________________________________________________________ AIR FORCE...
AF | BCMR | CY2006 | BC-2005-03086
Applicant’s complete submission is at Exhibit A. ___________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial of applicant’s request stating, in part, a review of the Defense Finance and Accounting Services (DFAS) files and Air Force Military Personnel files indicates applicant was retired after 17 years, 1 month, and 5 days of active service, under TERA. Since he did not complete at least 20 years of active service, he is not...
AF | BCMR | CY2006 | BC-2005-02640
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02640 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 26 Feb 07 _________________________________________________________________ APPLICANT REQUESTS THAT: The effective date of his approved CRSC payment be changed from 1 Mar 05 to 1 Jun 03. DPPD states while the applicant had been rated by the DVA for his conditions for quite some time, he...
AF | BCMR | CY2006 | BC-2005-01865
After the death of her husband, she became aware that his disability rating had been increased to 40% and applied for CRSC benefits on his behalf. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05. THOMAS S. MARKIEWICZ Chair AFBCMR BC-2005-01865 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The...