RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03872
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 23 Jun 07
_________________________________________________________________
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:
Her husband should have received compensation after the program went into
effect and prior to his death.
In support of her request, applicant provided a copy of her husband's death
certificate and Department of Veterans' Affairs (DVA) rating decision. Her
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member retired from the Air Force on 13 Aug 75 in the grade of
colonel. He served 24 years, 2 months, and 13 days on active duty. A DVA
rating decision, dated 11 Aug 04, awarded a 100 percent rating for lung
cancer due to exposure to Agent Orange and zero percent for bilateral
hearing loss. Payment start date was 1 Sep 04. He died on 17 Sep 04.
Applicant's original application was disapproved by the CRSC board on 7 Dec
05 because CRSC is not subject to any survivor benefits and compensation
cannot be awarded to survivors of the service member.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPDC recommends denial. DPPD states had her husband applied for CRSC
prior to his death, his conditions would have met CRSC criteria; however,
payments are made in whole-month increments. Since he lived less than one
month following award of his DVA compensation, he would not have received a
CRSC payment prior to his death.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17 Feb
06 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. 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. It appears that the
former member's condition meets the criteria to qualify for compensation
under the CRSC program; however, since his death occurred approximately 16
days after he was awarded compensation by the DVA, CRSC payments would not
have been made. Therefore, we agree with the Air Force's opinion that
since the former member would not have received CRSC payments, corrective
action is not warranted in this case and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an error
or injustice. 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 AFBCMR Docket Number BC-2005-
03872 in Executive Session on 28 Apr 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 3 Feb 06.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 06.
THOMAS S. MARKIEWICZ
Chair
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