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AF | BCMR | CY2007 | BC-2007-00898
Original file (BC-2007-00898.doc) Auto-classification: Denied


                            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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