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AF | BCMR | CY2007 | BC-2007-00822
Original file (BC-2007-00822.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00822
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 SEP 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

The  effective  date  of  his  Combat-Related  Special  Compensation  (CRSC)
payments be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His approved CRSC disabilities have a Department of  Veterans  Affairs  (VA)
effective date of July 2002 or prior.  The VA has  compensated  him  at  80%
from July 2002 and 100% from 12 November 2003.  He has received no  military
retired pay since 2002.

In support of his request, the applicant provided  documentation  associated
with his CRSC application.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty in the Regular Air  Force  on  11 April  1966.
He was progressively  promoted  to  the  grade  of  master  sergeant  having
assumed that grade effective and with a date of rank of  1  September  1980.
He served as an Aircraft Maintenance Superintendent.  He retired  1 December
1986, having served 20 years, 7 months and 20 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 90% from 17 June 2005 for his unfitting conditions.

His CRSC application was partially  approved  on  22  September  2004.   The
diagnosis of kidney involvement in systemic disease rated at  30%,  diabetes
mellitus rated at  20%,  paralysis  of  the  sciatic  nerve  rated  at  20%,
paralysis of the external popliteal nerve-left leg rated  at  0%,  deformity
of the penis rated at 0%, onychomycosis of the toenails rated  at  10%.   It
was determined there was no evidence to confirm  his  duodenal  ulcer,  knee
prosthesis-right knee, and knee prosthesis-left knee were the direct  result
of armed conflict, hazardous service, instrumentality of war, or  simulating
war rather than  from  other  routine  causes/exposures  or  his  particular
physical makeup.  His diagnosis of right foot drop had not  yet  been  rated
or had been rated as not service connected by the VA.   Therefore,  DPPD  is
unable to approve any claim for a disability the VA has  not  recognized  as
service connected.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the CRSC program  is  designed  to
restore  military  retirement  pay  being  offset  by  VA  compensation  for
disabilities considered combat related.  The program became effective  on  1
June 2003 for veterans with combat-related  disabilities  rated  at  60%  or
more, or veterans with Purple Heart associated disabilities rated at 10%  or
more.  The program was later expanded, effective 1 January 2004, to  include
veterans with combat-related disabilities rated at 10% or more.

The applicant believes his CRSC should be awarded at the 60% rate  effective
1 June 2003 to 1 December 2003,  and  60%  with  Individual  Unemployability
(IU) effective 12 November 2003.  He believes these  changes  are  warranted
because  the  VA   established   retroactive   effective   dates   for   his
disabilities.

To compute the total CRSC rating,  the  CRSC  board  must  follow  the  same
process as the VA by using their combined ratings table outlined in 38  CFR,
Book C, Part 4, Section 4.25; therefore, the applicant’s total  CRSC  rating
is 50% effective 1 January 2004, 60% effective 1 May 2004, 70%  effective  1
October 2005, and 70% with IU effective 1 February 2006.

Based on this review, the CRSC board issued a corrected  award  letter,  and
these changes provided the maximum  CRSC  payment  allowable  under  current
law.  However, the board is unable to adjust the  CRSC  effective  dates  to
what the applicant is requesting since his retirement pay was  not  impacted
on the dates he indicated.

The DPPD complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 April 2007, the evaluation was forwarded to the applicant  for  review
and comment within 30 days (Exhibit D).  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 an error or injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the  opinion  and  recommendation  of  the  Air  Force  and  adopt  its
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or injustice.  Therefore, in the absence of  evidence
to the contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice; the application was  denied  without
a personal appearance; and 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-2007-
00822 in Executive Session on 13 June 2007, under the provisions of AFI  36-
2603:

      Mr. Michael V. Barbino, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Apr 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair

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