ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01420
INDEX CODE: 108.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to Combat-Related Special Compensation (CRSC) benefits.
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 23 June 2005.
For an accounting of the facts and circumstances surrounding the
applicant’s request for CRSC benefits, and, the rationale of the earlier
decision by the Board, see the Record of Proceedings at Exhibit I.
The applicant submits a request for reconsideration, contending that since
Congress has amended the section of the law requiring 20 years of active
service as a criterion for CRSC, his reason for denial no longer applies.
In support his appeal, the applicant submits a personal statement and other
supporting documents concerning the issue under review.
The applicant’s complete submission, with attachments, is at Exhibit J.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPD recommends denial, stating, in part, the 2008 expansion
included eligibility for Veterans retired will less than 20 years of
service. However, the applicant is still not receiving disability
compensation from the Department of Veterans Affairs (DVA).
If the veteran satisfies the preliminary CRSC criteria, the claim is
reviewed for combat-related determination. In order to determine a
disability is combat-related, there must be objective documentary evidence
the disability is the direct result of a combat event or events of
performance of duty simulating war or caused by hazardous service or an
instrumentality of war. In addition, there are other conditions that are
considered presumptive of Agent Orange, Radiation, Mustard Gas, or POW
internment, by the DVA, which also qualify for CRSC.
According to Section 1413a, Title 10, United States Code (USC), “A retiree
must be entitled to compensation for service-connected disabilities under
Title 38, USC, by the VA.” The applicant is not receiving compensation
from the DVA, and therefore, is ineligible for CRSC.
The HQ AFPC/DPPD complete evaluation, with attachment, is at Exhibit K.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant is of the opinion that AFPC/DPPD is misreading the provisions
of Title 10 USC, Chapter 71, Section 1413a and is incorrect in their
interpretation of the statute. He further explains his understanding of
the statute.
The applicant’s complete response, with attachments, is at Exhibit L.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In an earlier finding, we determined that there was insufficient evidence
to warrant any corrective action regarding the applicant’s request that he
be entitled to benefits under CRSC. In his most recent submissions, the
applicant argues that since the new law governing the CRSC program is
inclusive of medical retirees with less than 20 years of active service, he
now meets the criteria to be entitled to CRSC benefits. We have reviewed
the applicant’s most recent submission and find the evidence provided
insufficient to warrant a reversal of our previous determination in this
case. In this respect, we note, that based on the review by HQ AFPC/DPPD,
the applicant still does not meet the mandatory criteria for compensation
under the CRSC program as outlined under the provisions of Title 10 U.S.C.,
Chapter 71, Section 1431a. Therefore, we find no basis upon which to
recommend favorable consideration of the applicant’s request.
_________________________________________________________________
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 this application in Executive
Session on 30 June 2009, 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 I. Record of Proceedings, dated 15 Aug 05,
with Exhibits.
Exhibit J. Applicant’s Letter, dated 10 Apr 08, with
attachments.
Exhibit K. Letter, HQ AFPC/DPPD, dated 27 Mar 09, w/atchs.
Exhibit L. Letter, AFBCMR, dated 24 Apr 09.
Exhibit M. Applicant’s Letter, dated 14 May 09, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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