AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
HEARING DESIRED: NO
DOCKET NUMBER: BC-2012-01080
COUNSEL: NONE
IN THE MATTER OF:
(SERVICE MEMBER DECEASED)
(APPLICANT)
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late spouse’s records be corrected to reflect his service
connected disability of coronary artery bypass be assessed as
combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her spouse requested benefits two years prior to his death. The
Department of Veterans Affairs (DVA) awarded him 10 percent
disability compensation for diabetes. His disability rating
should have been higher than 10 percent. He was diagnosed with
bone marrow cancer in 2004 and congestive heart failure 2005.
In support of her request, the applicant provides a copy of the
former service member’s death certificate, an expanded statement,
and documentation associated with his CRSC application.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 May 1976, the service member separated from active service.
On 7 March 2012, AFPC/DPSDC informed the applicant that her late
spouse was not eligible for compensation under the CRSC and the
program has no provisions for survivor benefits.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial indicating there is no evidence of
an error or an injustice. The service member died prior to DVA
establishing Coronary Artery Bypass as Agent Orange presumptive
condition. Furthermore, CRSC does not have any provision for
survivor benefits. The applicant’s request does not meet the
mandatory criteria for compensation under the CRSC program.
The CRSC program was established to provide compensation certain
retirees with combat-related disabilities that qualify under the
criteria set form in Title 10, U.S.C., Section 1414a. If the
former service member fails to satisfy the preliminary CRSC
criteria, no further consideration by their service department is
required and the claim will be denied.
Under current CRSC guidelines, the service member is required to
meet the following basic eligibility requirements (a) received
military retirement pay, (b) have disabilities rated at least 10
percent by DVA, and (c) submit a signed claim for Combat-Related
Special Compensation.
In order for a disability to be determined as combat-related,
there must be objective documentary evidence that the disability
is the direct result of a combat event or events or 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 (AO), Radiation,
Mustard Gas, or POW internment, by the DVA which qualify for
CRSC.
Coronary Artery Bypass has been added to the Agent Orange
presumptive list effective 1 November 2010 by the Office of
Secretary of Defense (OSD).
The AFPC/DPSDC complete evaluation, with attachment, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 May 2012 for review and comment within 30 days (Exhibit D).
As of this date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We took
notice of the applicant’s complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our decision the
applicant is not the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2012-01080 in Executive Session on 14 January 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 March 2012, w/atchs.
Exhibit B. Letter, AFPC/DPSDC, dated 3 May 2012, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 11 May 2012.
Acting Panel Chair
Member
Member
Acting Panel Chair
3
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