RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01865
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband's records be corrected to show  that  he  was  eligible
for benefits under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not receive the paperwork  reflecting  that  her  husband  had  been
approved for 40% disability until after his funeral.

In support of his request, applicant provided documentation  extracted  from
her husband's Department of Veterans' Affairs records  and  a  copy  of  his
death certificate.  Applicant's complete submission,  with  attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member contracted his  initial  enlistment  in  the  Regular  Air
Force on 20  Feb  53.   He  was  progressively  promoted  to  the  grade  of
technical sergeant, having assumed that grade effective and with a  date  of
rank of 1 Oct 66.  He voluntarily retired from the Air Force on 31  Jul  73,
having served 20 years and 15 days on active duty.   Applicant  passed  away
on 16 Sep 04.  On 16 Apr  03,  the  DVA  awarded  the  applicant  a  special
monthly compensation for Loss of Use of a Creative Organ.   On  21  Sep  04,
his rating for prostate  cancer  was  increased  from  zero  percent  to  40
percent.

Applicant's CRSC application was disapproved on 12 May 05, because  CRSC  is
not subject to any survivor benefit provisions;  thus,  compensation  cannot
be awarded to survivors of service members.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states CRSC is payable  to  retirees  who
elect benefits under section 1413 of the law.   Since  the  compensation  is
not subject to any survivor benefit, the veteran  must  actually  apply  for
CRSC prior to death in order to award the compensation.  Had he applied  for
CRSC after the initial DVA award, he would have been entitled to CRSC  equal
to the special monthly compensation he was receiving for the Loss of Use  of
a Creative Organ, which equated to $82 per month from 1 Jan  04  through  31
Aug 04.  He would not have been eligible  for  any  additional  compensation
for his prostate cancer since  it  was  awarded  after  his  death  and  his
retired pay had not been offset by the DVA benefits due to the increase.

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 15  Jul
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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or  injustice  warranting  corrective  action.   In  this
respect, the applicant is the  surviving  spouse  of  the  deceased  retired
member who passed away on  16  September  2004.   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.  Although her  husband  met
the requirements for CRSC compensation prior to his death,  her  application
was disapproved because he did not submit an  application,  as  required  by
Public Law 107-314.  While there is no explanation as to why  the  applicant
did not apply for CRSC benefits,  we  believe  it  is  not  unreasonable  to
assume that he may have been unaware that his Special  Monthly  Compensation
qualified for benefits under CRSC  criteria.   In  view  of  the  above,  we
believe the benefit of doubt should be resolved in favor  of  the  applicant
and recommend the former member’s records  be  corrected  to  show  that  he
applied for CRSC benefits  on  1  June  2003.   We  note  the  applicant  is
requesting CRSC benefits  for  the  condition,  residuals  prostate  cancer,
status  post  bilateral  nerve  sparing  radical  retropubic  prostatectomy.
However, it is our opinion that the service-connected medical condition  was
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, does  not  qualify
for compensation under the CRSC  Act.   Accordingly,  that  portion  of  her
request cannot be favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 1 June 2003,  he  submitted  a  DD
Form 2860, application for Combat-Related Special Compensation  (CRSC),  and
his application was accepted for review by competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
01865 in Executive Session on 6 Feb 06, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Mr. James W. Russell III, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Jun 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 Jun 05.
    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 pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 1 June 2003, he
submitted a DD Form 2860, application for Combat-Related Special
Compensation (CRSC), and his application was accepted for review by
competent authority.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency