RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00990
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be entitled to benefits under the Combat-Related Special
Compensation (CRSC) program.
2. His retirement pay be corrected to reflect 17.86 years.
(Administratively corrected by the Defense Finance and
Accounting Services (DFAS)).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was disability retired with a compensable rating of
30 percent and all of his service, both active and inactive
should be credited when computing his retired pay. His injuries
were incurred during a period of war and should be reflected as
combat-related.
In support of his appeal, he provides a copy of his retirement
order, Special Order No. ACD-01642, dated 10 Jun 10; a copy of
his AF Form 618, Medical Board Report, dated 25 Nov 09, and
other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was permanently retired for disability effective
24 September 2010, with a disability rating of 30 percent. He
completed 13 years, 3 months, and 13 days of active service for
retirement, with 30 years, 9 months, and 12 days of service for
pay.
On 11 Apr 11, DFAS administratively corrected the applicants
retired pay computation to reflect a multiple of 17.83 rather
than 13.25.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial stating, in part, that his
condition does not meet the mandatory criteria for compensation
under the CRSC program.
The applicant claims that since his conditions occurred during a
time of war they should be determined as "Incurred in line of
duty during a period of war" and thus his retired pay should not
be taxed. Air Force Instruction 36-3212, PHYSICAL EVALUATION
FOR RETENTION, RETIREMENT, AND SEPARATION, states: "Combat-
Related - The IPEB will make a combat-related disability
determination for: Armed Conflict, Extra Hazardous Service,
Conditions Simulating War and Instrumentality of War. The tax
law under Title 26 United States Code (USC) 104 defines that a
disability that was the direct result of a combat related injury
would be non-taxed.
The board reviewed the narrative summary regarding the member's
medical conditions of chronic back and neck pain. The narrative
summary noted that the applicant had a motor vehicle accident on
21 October 1989. His back pain was due to a fall at Rhein Main
AB Germany on 31 October 2002, when he slipped on a wet floor
and landed on an ammo can, and that it was aggravated doing a
bag drag in 2003. Based on definition and the facts and
circumstances involved, the IPEB determined that the applicant's
back and neck conditions were not caused by an instrumentality
of war or a direct result of armed conflict and did not
determine the conditions to be combat related.
The Combat-Related Special Compensation (CRSC) program,
established by Public Law (PL) 107-314, provides compensation to
certain retirees with combat-related disabilities. A retired
member of the Uniformed Services must meet each of the four
following conditions to meet the preliminary CRSC criteria:
a. Has 20 or more years of active service in the Uniformed
Services for the purpose of computing the amount of retired pay,
or is entitled to retired pay under section 12731 of Title 10,
United States Code, unless such retirement is under section
12731b of that same title or (the member is retired under
Chapter 61 (disability retired).
b. Is in retired status.
c. Is entitled to retired pay, notwithstanding that such
retired pay may be reduced due to receipt of Department of
Veterans Affairs (DVA) disability compensation.
d. Has qualifying disability ratings (percentages)
[retiree must be entitled to compensation for service-connected
disabilities under 10 USC 38 by the DVA].
Qualifying Combat-Related Disability: Member has
combat-related disabilities (which include any Purple Heart
disabilities) that are compensated by the DVA.
The complete AFPC/DPSDC evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 Apr 2011 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 relief beyond
that already granted administratively by DFAS is not warranted.
Therefore, we find no basis to favorably consider this portion
of his application.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2011-00990 in Executive Session on 24 October 2011, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 6 Apr 11, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 11.
Panel Chair
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