Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00010
Original file (BC 2014 00010.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00010

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He receive Concurrent Retirement and Disability Payments (CRDP).



APPLICANT CONTENDS THAT:

The Department of Veterans Affairs (DVA) told him he is entitled to CRDP.  He was discharged with a 30 percent disability after over 18 years of active service, and he receives Combat Related Special Compensation (CRSC).  However, the DVA now rates him as 100 percent disabled, based upon his Post Traumatic Stress Disorder (PTSD), so he qualifies for CRDP.  

The applicant’s complete submission is at Exhibit A.



STATEMENT OF FACTS:

The applicant served in Vietnam in 1968 and 1969 in the Air National Guard in the grade of Master Sergeant.  

On 14 Aug 00, the applicant was furnished an honorable discharge with a Narrative Reason for Separation of “Physical Disability,” and was credited with 18 years, 3 months, and 1 day of total active service.   

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. 



AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial indicating there is no evidence of an error or an injustice.  On 29 Aug 08, the applicant was approved for CRSC for prostate cancer and related issues with a combined rating of 20 percent.  Regarding the applicant’s request for CRDP, a medically retired member with less than 20 years of service is not entitled to CRDP.  The applicant suffered a brain aneurysm and a back injury and was medically retired with less than 20 years of total active service.  There is no documentation confirming the applicant’s aneurysm or other medical conditions were caused by a combat-related event.  In fact, the Medical Evaluation Board (MEB) narrative indicates he sustained his aneurysm after lifting furniture.  The applicant’s anxiety disorder is related to his aneurysm.  

A complete copy of the AFPC/DPFDC evaluation is at Exhibit C.

DFAS-JFBE/CL recommends denial indicating there is no evidence of an error or an injustice.  Public Law 108-136, §641, authorized CRDP effective 1 Jan 04 which allows for concurrent receipt of military retired pay and disability compensation from the DVA for eligible military retirees.  All military retirees not retired by reason of physical disability, who are receiving disability compensation from the DVA for a service-connected disability rating of 50 percent or greater, are eligible for CRDP.  In addition, members retired by reason of physical disability with 20 years of total active service or 20 years of qualifying service for members of a reserve or guard component are also eligible for CRDP.  The applicant was retired by reason of physical disability on 15 Aug 00, with total active service of 18 years, 5 months, and 8 days.  He does not have 20 years of qualifying service.  Therefore, according to the law, he is not entitled to CRDP.  

A complete copy of the DFAS-JFBE/CL evaluation is at Exhibit D.



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21 Jul 14 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.



THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

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 injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.



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-2014-00010 in Executive Session on 13 Nov 14 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Dec 13.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPFDC, dated 31 Jan 14, w/atchs.
Exhibit D.  Memorandum, DFAS-JFBE/CL, dated 27 Mar 14, w/atch.
Exhibit E.  Letter, SAF/MRBR, dated 21 Jul 14.











3





FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
1

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974


FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
4

Similar Decisions

  • AF | BCMR | CY2010 | BC-2010-04418 ADDENDUM

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial of the applicant’s request for an increase in her deceased husband’s CRSC rating to 100 percent, indicating there is no evidence of an error or injustice. As for her request related to his cysts, we also do not find the evidence she has presented sufficient to conclude that his CRSC rating should be increased based on this condition. ...

  • AF | BCMR | CY2012 | BC-2012-01129

    Original file (BC-2012-01129.pdf) Auto-classification: Denied

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-01129 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: A statement be added to his record stating had he not become disabled, he would have had a very good chance of remaining in the Air Force for 20 years in order to qualify for Concurrent Retirement and Disability Pay...

  • AF | BCMR | CY2014 | BC 2014 02368

    Original file (BC 2014 02368.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02368 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receives Concurrent Retirement and Disability Pay (CRDP). Per ARPC/DPPR memorandum dated 20 Apr 04, the applicant completed the required years of service under the provisions of 10 U.S.C. § 1552 and Air Force Instruction, 36-2603, Air Force Board for Correction of Military Records, to reflect that on 29 Jul 03,...

  • AF | BCMR | CY2013 | BC-2012-03623

    Original file (BC-2012-03623.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03623 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be given credit for 20 years of active service toward retirement. He believes because of this injustice he should be credited with the 45 days of service in order to qualify for the Concurrent Retirement Disability Pay (CRDP). No provisions of...

  • AF | BCMR | CY2013 | BC 2013 03982 (2)

    Original file (BC 2013 03982 (2).txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03982 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Psychotic Disorder/ Schizophrenia, be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. On 27 Dec 08, according to documentation...

  • AF | BCMR | CY2013 | BC 2013 03982

    Original file (BC 2013 03982.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03982 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Psychotic Disorder/ Schizophrenia, be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. On 27 Dec 08, according to documentation...

  • AF | BCMR | CY2014 | BC 2014 03554

    Original file (BC 2014 03554.txt) Auto-classification: Denied

    The Defense Finance Accounting Service (DFAS) informed him their records indicate he did not have sufficient service to receive CRDP and advised him to submit a request to the Board to have his service record corrected. Under Title 10, USC, Chapter 61, Retirement or Separation for Physical Disability, Physical Evaluation Boards must determine if a member's condition renders them unfit for continued military service relating to their office, grade, rank or rating. All military retirees...

  • AF | BCMR | CY2012 | BC-2012-00461

    Original file (BC-2012-00461.pdf) Auto-classification: Denied

    He was never informed that he would lose his entitlements to CRSC and CRDP because he retired prior to reaching 20 years of active duty service. On 1 Dec 04, the DVA awarded him a compensable disability rating of 10 percent for General Anxiety Disorder. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial of the applicant’s request that his anxiety disorder be approved for CRSC.

  • AF | BCMR | CY2013 | BC 2013 03871

    Original file (BC 2013 03871.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03871 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to benefits under the Combat-Related Special Compensation (CRSC) program for his service-connected medical conditions. According to information provided by the Air Force office of Primary Responsibility (OPR), from the DVA Regional...

  • AF | BCMR | CY2014 | BC 2014 00122

    Original file (BC 2014 00122.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00122 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive the ten percent annual retired pay increase he qualified for by being awarded the Airman’s Medal (AmnM) for heroism. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit...