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AF | BCMR | CY2011 | BC-2011-00990
Original file (BC-2011-00990.txt) Auto-classification: Denied
 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 applicant’s 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 applicant’s 
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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