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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