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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