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

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APPLICANT REQUESTS THAT:

The effective date of his approved CRSC payment be changed from 1 Mar 05  to
1 Jun 03.

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APPLICANT CONTENDS THAT:

Public Law 107-314 does not include provisions to delay the  effective  date
of entitlement or payment based on the date  of  the  application.   The  DD
Form 2860  prohibits  applying  for  compensation  unless  "...receiving  VA
Disability Compensation based on current disability rating"  His  is  marked
"yes."  This wording of  the  form  prevented  him  from  applying  when  he
originally met the  eligibility  requirements  for  benefits.   He  received
retirement pay during this period and no VA compensation.  There will be  no
violation of Title 38 and the CRSC amount can be computed in the usual  way.


In support of his request, applicant provided documentation associated  with
his CRSC application.  His complete  submission,  with  attachments,  is  at
Exhibit A.

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STATEMENT OF FACTS:

Applicant's CRSC application was approved on  7  Mar  05  for  his  diabetes
mellitus, rated at  60%;  malignant  growth  genitourinary,  rated  at  20%,
tinnitus, rated at 10%, and hearing loss, rated at 0%.  The  effective  date
of his CRSC was established 1 Mar 05.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD  states  while  the  applicant  had  been
rated by the DVA for his conditions for quite some time, he  did  not  waive
his military retirement pay to receive the DVA compensation until  recently.
 He began receiving DVA compensation on 1  Mar  05.   The  CRSC  program  is
designed  to  restore  military  retirement  pay   being   offset   by   DVA
compensation for disabilities considered combat  related.   CRSC  guidelines
require applicants to waive a portion of their military  retirement  pay  to
receive DVA compensation.  The program became effective 1 Jun 03.   The  law
does not "include provisions within the section to delay the effective  date
of entitlement" as the applicant states; however,  the  law  clearly  states
"The amount paid to an eligible combat-related disabled  uniformed  services
retiree for any month under paragraph (1) may not exceed the amount  of  the
reduction in pay that is applicable to the  retiree  for  that  month  under
sections 5304 and 5305 of title  38."   In  other  words,  if  the  military
retirement pay is not reduced  by  the  amount  of  DVA  compensation,  CRSC
payment is not authorized for that month.  Since the  purpose  of  the  CRSC
program is to restore military retired pay which  has  been  offset  by  DVA
compensation, and his offset did not begin until  1  Mar  05,  that  is  the
earliest date, by law, CRSC payment can be awarded.

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant does not believe  the  interpretation  of  the  words  of  Section
1413a. within the law, would require the postponement  for  filing  a  claim
for benefits such as is prohibited on the DD Form  2860.   Applicant  states
it seems logical that if the law was intended to mean "only those  receiving
VA compensation" words such as withheld or deducted would  have  been  used;
or the law could even have stated "Applies to only those veterans  receiving
VA compensation".  In his opinion, this was not the  intention.   He  cannot
find any words within the law concerning  filing  limitations,  restrictions
to those receiving VA compensation, or prohibiting  paying  entitlements  in
arrears.  The Air Force retirement amount he  received  equals  exactly  the
retirement check  and  the  VA  compensation  check  totals  he  could  have
received, if his  Air  Force  retirement  had  been  waived  to  receive  VA
compensation.  The amount which  would  have  been  waived  from  Air  Force
retirement pay  and  the  amount  which  would  have  been  received  as  VA
compensation is only used in determining the maximum  amount  payable  under
paragraph (b) (2).  This amount  is  the  amount  of  the  CRSC  entitlement
payable, which he did not receive.

His complete response is at Exhibit E.

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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.

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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.

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The following members of the Board considered AFBCMR Docket Number  BC-2005-
02640 in Executive Session on 6 Feb 06, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard A. Peterson, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 Sep 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Sep 05.
    Exhibit E.  Letter, Applicant, dated 2 Oct 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair