RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00800
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 September 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Approval of a Combat-Related Special Compensation (CRSC) application be
made in her late husband’s name.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband had started proceedings for CRSC when he was diagnosed
with cancer. He died within six months and did not complete the
requirements for CRSC.
In support of her request, the applicant provided a copy of the death
certificate, DD Form 214 and the Veterans Affairs decision for dependency
and indemnity compensation (DIC) death pension. Her complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 October 1983, the veteran retired from the Air Force in the grade of
technical sergeant, after serving 20 years, 8 months, and 3 days on active
duty.
The veteran died on 29 December 2004. CRSC is not subject to any survivor
benefit provisions; therefore, the widow’s (the applicant) CRSC request was
disapproved on 12 February 2006.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPDC recommends denial. DPPDC advises that CRSC is not subject to
any survivor benefit provisions under Chapter 73, Title 10, United States
Code. The veteran must actually qualify and apply for CRSC prior to his or
her death in order to award the compensation. DPPDC states the veteran had
not been rated and was not receiving VA compensation for his condition
prior to his death. Conditions deemed service connected after the member’s
death does not qualify for compensation under CRSC. 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
30 June 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 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, the applicant’s request for 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-
00800 in Executive Session on 16 January 2007, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to Docket Number BC-2006-
00800 was considered:
Exhibit A. DD Form 149, dated 11 Mar 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPDC, dated 13 Jun 06.
Exhibit D. Letter, SAF/MRBR, dated 30 Jun 06.
THOMAS S. MARKIEWICZ
Chair
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