RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01551
INDEX NUMBER: 136.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 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:
While assigned as a nose gunner in Southern Italy, he completed
51 combat-missions. In 1946, he volunteered on two other missions,
when their bomber was hit by flax from the enemy causing them to
crash land in North Italy. They lost two other gunners and his
right leg was fractured. He was treated at several hospitals over
the next two years prior to his discharge.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on evidence provided by the applicant, on 24 Dec 47, he was
honorably discharged from the US Army (Air Corps) in the grade of
technical sergeant.
___________________________________________________________________
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 service. While his condition may be service-
connected, since he did not retire from the 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:
Applicant provided a personal statement further explaining the
circumstances surrounding his service and the events leading to his
leg injury and series of treatments at different hospitals.
Applicant’s complete response is at Exhibit E.
___________________________________________________________________
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-
01551 in Executive Session on 13 January 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 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 29 Jul 05.
Exhibit E. Letter, Applicant, dated 16 Sep 05.
THOMAS S. MARKIEWICZ
Chair
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