SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03594
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect that:
1. His service connected disability was incurred as a direct
result of combat so he can be eligible for Combat Related
Special Compensation (CRSC).
2. He served 20 years of active service to qualify for
Concurrent Retirement and Disability Pay (CDRP).
STATEMENT OF FACTS:
By DD Form 149, Application for Correction of Military Record,
dated 28 Sep 09, the applicant requested his service connected
Post Traumatic Stress Disorder (PTSD) be reevaluated for CRSC
and that his disability was incurred as a direct result of
combat. On 4 Aug 10, the Board considered and denied the
applicants request noting there was no evidence to show the
applicants service connected medical condition met the criteria
for compensation under CRSC. For an accounting of the facts and
circumstances surrounding his request, and the rationale for the
earlier decision by the Board, see the Record of Proceedings,
with exhibits, at Exhibit G.
By DD Form 149, dated 14 Jun 12, the applicant requested
reconsideration of his request to be reevaluated for CRSC along
with a request for CRDP. On 21 Mar 13, the Board considered and
denied the request indicating the evidence was not sufficient to
support crediting the applicant with the requisite 20 years of
active service to qualify for CRDP or to override the earlier
decision concerning his request for CRSC. For an accounting of
the facts and circumstances surrounding his request for
reconsideration, and the rationale for the earlier decision by
the Board, see the Addendum to Record of Proceedings, with
attachments, at Exhibit I.
By applications dated 23 Dec 14 (sic), 21 Jul 14, and 29 Sep 14,
the applicant requests reconsideration of his request for CRDP,
noting that according to the Defense and Finance and Accounting
Service (DFAS) website, individuals who retired under the
Temporary Early Retirement Authority (TERA) should have been
automatically enrolled in CRDP by their respective service; a
review of his current Department of Veterans Affairs (DVA)
rating and medical documents to see if they meet the criteria
for compensation under CRSC; his records be amended to reflect
he served 20 years of active service and that his disability was
incurred as a direct result of enemy action (Exhibit J).
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record, the applicants
previous submissions, and the documentation submitted as new
evidence, we again find no basis to recommend granting the
requested relief. The applicant claims he should have been
automatically enrolled in CDRP under the provisions of TERA per
the DFAS website. However, there was no evidence provided to
show the applicant applied or was eligible to retire under the
provisions of TERA. Furthermore, we find the evidence is
insufficient to override our previous decisions regarding the
applicants requests for CDRP. No evidence has been provided to
show he should have been credited with the requisite 20 years of
service to qualify for CDRP. The applicant believes his request
supports his injuries were incurred as the direct result of
combat and his recent DVA rating supports his entitlement to
CRSC compensation. However, we find the evidence insufficient
to override the Boards previous decisions and his assertions
and the documentation provided does not substantiate that
responsible officials erred when they determined that his
condition did not meet the requirements for compensation under
CRSC. Therefore, in the absence of evidence to the contrary, we
find no basis to recommend granting the applicants request.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2009-03594 in Executive Session on 23 Oct 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-03594 was considered:
Exhibit I. Addendum Record of Proceedings, dated
19 Apr 13, w/exhibits.
Exhibit J. DD Forms 149, dated 23 Dec 14 (sic), 21 Jul 14,
and 29 Sep 14, w/atchs.
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