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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