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AF | BCMR | CY2006 | BC-2006-01061
Original file (BC-2006-01061.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01061
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 7 OCTOBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, lumbosacral strain, be  reevaluated
under the Combat Related Special  Compensation  (CRSC)  program  so  he  may
qualify for compensation under the CRSC program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his separation, he  was  told  that  although  he  had  a  30
percent disability, he could accept one check from the Air Force in lieu  of
two checks (Air Force and Veterans Affairs (VA)).  He was told  it  did  not
matter for pay purposes; however, if this no longer applies, he will  change
to VA compensation.  He was told that he is not eligible  for  CRSC  because
he did not receive a check from the VA.

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

STATEMENT OF FACTS:

Applicant served in an enlisted  status  from  9  October  1950  through  27
January 1957.  He was appointed a second  lieutenant,  Reserve  of  the  Air
Force on 28 January 1957.  He was progressively promoted  to  the  grade  of
major, having assumed that grade effective 28 January 1971.   The  applicant
was relieved from active duty effective 10  March  1972  and  his  name  was
placed on the Temporary Disability Retired  List  (TDRL),  with  a  physical
disability rating  of  50  percent.   Applicant’s  physical  disability  was
medial tibial plateau fracture of the left  knee  with  open  reduction  and
internal fixation  with  bolt,  now  with  continuing  pain,  limitation  of
motion, widening of the knee joint and arthritis; degenerative disc  disease
L5-S1 with history of back trauma and  minimal  T-12  compression  fracture.
He was credited with 20 years, 2 months and 8  days  of  total  active  duty
service for basic pay and 20 years, 1 month and 13 days for  active  service
for retirement.  Effective 2 December 1973, his name was  removed  from  the
TDRL and he was retired in the Reserve grade  of  major  with  a  disability
rating of 30 percent.
Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 30% for his unfitting conditions.

His CRSC application was disapproved on 15 Mar 06 because he  did  not  meet
the minimum criteria for application and approval of CRSC.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant does  not  currently
meet the mandatory criteria for  compensation  under  the  CRSC  program  as
outlined under the provision of Public Law 107-314.  He has not  waived  his
military retirement pay in order to receive compensation from the VA.   DPPD
advises once the applicant waives his military retirement pay to receive  VA
compensation, he may request reconsideration of his CRSC application.

The AFPC/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 19  May
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.  After a thorough review of  the  available
evidence of record, it appears the  applicant  does  not  meet  the  minimum
criteria for application of CRSC.  Therefore, 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  once  the  applicant
waives his military retirement pay or a  portion  thereof,  he  may  request
reconsideration of his CRSC application.  In the absence of evidence to  the
contrary, we find no 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-2006-01061
in Executive Session on 23 August 2006, under  the  provisions  of  AFI  36-
2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 19 May 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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