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AF | BCMR | CY2009 | BC 2009 03594 3
Original file (BC 2009 03594 3.txt) Auto-classification: Denied
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 
applicant’s request noting there was no evidence to show the 
applicant’s 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 applicant’s 
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 
applicant’s 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 Board’s 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 applicant’s 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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