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AF | BCMR | CY2006 | BC-2006-02678
Original file (BC-2006-02678.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02678
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 MARCH 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Combat Related Special Compensation (CRSC) application made in her  late
husband’s name be approved.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Because her husband worked on  the  aircraft  that  flew  from  Thailand  to
Vietnam, he could have been exposed to Agent Orange by some  of  the  troops
that came on the aircraft.  Although her husband did not have  a  disability
rating with  the  Veteran  Affairs,  she  feels  she  is  entitled  to  this
compensation.

In support of her request, applicant provided a personal statement,  a  copy
of the marriage certificate and death certificate,  a  copy  of  the  former
member's DD Form 214 and  associated  medical  documents.   The  applicant's
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member contracted his initial  enlistment  on  20 September  1956
and was progressively promoted to  the  grade  of  technical  sergeant.   He
served as a Metals Processing Technician.  On  1 October  1973,  he  retired
from the Air Force in the grade of technical sergeant, after  having  served
20 years, 11 months and 9 days on active duty.

On 23 May 2006, the CRSC application was disapproved  because  CRSC  is  not
subject to any survivor benefit provisions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPDC recommends denial.  DPPDC advises that the CRSC  program  is  not
subject to any survivor benefit provisions of Chapter 73, Title  10,  United
States Code.  Additionally, the former member died 4 January 2002, prior  to
implementation of the CRSC program.  The DPPDC  complete  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  13
October 2006 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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence presented, it appears that the applicant’s request  does  not  meet
the mandatory criteria for compensation under  the  Combat  Related  Special
Compensation (CRSC) program.  Therefore,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
their rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Consequently, no basis exists  to
grant the relief sought.

_________________________________________________________________

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-2006-02678
in Executive Session on 28 November 2006, under the provisions  of  AFI  36-
2603:

                 Ms. Cathlynn B. Novel, Panel Chair
                 Mr. Don H. Kendrick, Member
                 Ms. Judith B. Oliva, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
02678 was considered:

    Exhibit A.  DD Form 149, dated 30 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPDC, dated 2 Oct 06.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Oct 06.




                                   CATHLYNN B. NOVEL
                                   PanelChair

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