RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01270
INDEX CODE: 108.07
COUNSEL: DAV
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 Oct 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband’s previously approved Combat-Related Special Compensation
(CRSC) be increased from 40% to 100% for prostate cancer (malignant growth
genitourinary), effective 25 Jan 99, in order to qualify for additional
monetary benefits authorized under the CRSC Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband was awarded an increase in his service-connected combat-
related prostate cancer by the Department of Veterans Affairs (DVA) from
40% to 100%, effective 25 Jan 99, and did not receive retired pay as
authorized by CRSC. As his spouse, she is requesting payment.
In support of her request, the applicant provided documentation associated
with her husband’s CRSC application. Her complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Aug 71, the veteran retired from the Air Force in the grade of
lieutenant colonel, after serving 20 years, 8 months, and 16 days on active
duty.
On 5 Jan 04, the veteran’s original Aug 03 request for CRSC was approved,
with a rating of 40% effective 1 Jan 04, because his prostate cancer was
presumed to have been caused by exposure to Agent Orange. His request for
CRSC for his service-connected disabilities of arteriosclerotic heart
disease and resection of the large intestine (diverticulitis, status post
partial colectomy) was denied because these conditions were determined to
be non-combat related.
The veteran died on 3 Apr 04. CRSC is not subject to any survivor benefit
provisions; therefore, CRSC payments were terminated effective 31 Mar 04
(the last day of the moth prior to his death).
On 9 Dec 05, the DVA increased the rating for the veteran’s malignant
growth genitourinary to 100% with an effective date of 25 Jan 99.
The veteran’s widow (the applicant) requested adjustment of the rating and
effective date after the DVA changed the rating to 100%. Her CRSC
application was disapproved on 4 Jan 06; therefore, the effective date of
her husband’s CRSC remained 1 Jan 04 for 40%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPDC recommends denial. DPPDC provides a review of the late
veteran’s medical records and states the purpose of CRSC is to restore
military retirement pay that has been offset by DVA compensation. Since
the veteran’s retirement pay was not reduced by the increased amount prior
to his death, there is nothing additional to restore under the CRSC
program.
The DPPDC 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 30 Jun
06 (Exhibit D) 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 is our opinion the CRSC rating of 40% should not be
increased or the effective date changed. The purpose of CRSC is to restore
military retirement pay that has been offset by DVA compensation. Since
the veteran’s retirement pay was not reduced by the increased amount prior
to his death, there is nothing additional to restore under the CRSC
program. The request for additional compensation under CRSC does not meet
the mandatory criteria for compensation under the CRSC program as outlined
under the provisions of Public Law 107-314. We therefore agree with the
opinion and recommendation of the Air Force office of primary
responsibility and, in the absence of evidence to the contrary, 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-2006-
01270 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 A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jun 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPDC, dated 21 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
THOMAS S. MARKIEWICZ
Chair
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