RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00898
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 JULY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Combat Related Special Compensation (CRSC) Act effective date be
adjusted.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant did not make any contentions; however, appears he is questioning
the effective date of his CRSC payment of 1 Jan 04.
In support of his request, applicant provided documentation associated with
his CRSC application.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Feb 1998, applicant retired from the Air Force in the grade of master
sergeant, after serving 20 years and 11 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40 percent for his service-connected conditions.
His CRSC application was approved on 5 Mar 2007, granting a 10 percent
compensable rating for Tinnitus effective Jan 04.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the CRSC program is designed to
restore military retirement pay being offset by Department of Veteran
Affairs (VA) compensation for disabilities considered combat related. The
program became effective on 1 Jun 03 for veterans with combat-related
disabilities rated at 60 percent or more. The program was later expanded,
effective 1 Jan 04, to include veterans with combat-related disabilities
rated at 10 percent or more. In addition, 10 U.S.C. limits the monthly
amount of compensation to what "the retiree would be entitled solely for
the combat-related disability", and the amount paid cannot exceed "the
amount of the reduction of retired pay" for that month. Although the
applicant was granted service-connection for his Tinnitus in May 1998, the
CRSC program did not exist at that time; therefore, the earliest effective
date allowed is 1 Jan 2004. This allows the applicant the maximum CRSC
payment allowable under law. The applicant's request does not meet the
mandatory criteria for compensation under the CRSC program.
The DPPD 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 8 Jun
2007 for review and comment within 30 days. As of this date, this office
has received no response. (Exhibit D)
_________________________________________________________________
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. 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 office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. In the
absence of evidence to the contrary, we 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-2007-
00898 in Executive Session on 23 July 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 was considered:
Exhibit A. DD Form 149, dated 17 Mar 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 May 07.
Exhibit D. Letter, SAF/MRBR, dated 8 Jun 07.
THOMAS S. MARKIEWICZ
Chair
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