IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100016171
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests the records of her late husband, a former service member (FSM), be corrected to show he was paid Concurrent Receipt Disability Pay (CRDP) from 1 November 2003.
2. The applicant states her husband was awarded a 100 percent disability rating by the Department of Veterans Affairs (VA) on 8 September 2004, effective 1 November 2003. Although her husband had requested CRDP he was never given those payments.
3. The applicant provides documents pertaining to the criteria for CRDP and the FSM's VA disability rating.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted,
has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM's military records show that he was commissioned and entered active duty on 22 June 1980. He was awarded the area of concentration of veterinary pathologist and was promoted to the rank of colonel.
3. On 31 October 2003, he retired due to completion of sufficient service for retirement.
4. On 14 September 2004, the VA notified the FSM he had been awarded a 100 percent disability rating, effective 1 November 2003.
5. On 2 July 2005, the FSM died.
6. In the processing of this case an advisory opinion was obtained from DFAS. DFAS stated that the FSM was paid full CRDP from October 2004 until his death in July 2005.
7. The applicant was provided the advisory opinion and responded, stating that Defense Retiree & Annuitant Pay System (DRAS) printouts show her husband did not receive CRDP. She provides the DRAS printouts.
8. DFAS has advised the Board's staff that since CRDP was not automated until late September 2005, nothing regarding CRDP could have been viewable on DRAS before then.
DISCUSSION AND CONCLUSIONS:
1. DFAS has confirmed the FSM started receiving CRDP the month following receipt of his 100 percent VA disability rating.
2. Since the FSM was paid CRDP immediately following the award of his 100 percent VA disability rating, there is no error to correct in this case.
3. While the applicant believes that the DRAS printouts verify that her husband did not receive CRDP, this is not so. No CRDP entries were made in DRAS until it was automated in September 2005. The FSM died in July 2005.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100016171
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016171
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140021328
The applicant, the widow of the deceased former service member (FSM), requests correction of the FSM's military records to show entitlement to full concurrent receipt of military retired pay and veterans' disability compensation (CRDP). The FSM received retired pay from March to November 1993 from the Army. The applicant provides copies of: * State of Georgia Marriage License, issued in September 1977 * DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 28...
ARMY | BCMR | CY2010 | 20100009371
By letter, dated 19 December 2005, DFAS informed the FSM of changes in pay of those who had been receiving Concurrent Retirement and Disability Payment (CRDP). By letter dated 19 May 2008, DFAS informed the FSM that under the law premiums for the SBP would be terminated effective 1 October 2008 for all members who were at least 70 years old and had paid SBP premiums for 360 months or 30 years. However, there is no evidence and the applicant has not provided any evidence to show the DVA...
ARMY | BCMR | CY2014 | 20140013845
The applicant states according to the attached Department of Veterans Affairs (VA) Rating Decision, dated 22 February 2014, her ex-husband was awarded retroactive benefits (100 percent for coronary artery disease) due to a Federal court case. f. The FSM's son may be entitled to additional accrued benefits based on full or partial concurrent receipt of VA compensation and military retired pay under the CRSC and/or CRDP programs. The applicant requests retroactive CRSC or CRDP associated...
AF | BCMR | CY2010 | BC-2010-04418 ADDENDUM
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial of the applicants request for an increase in her deceased husbands 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. ...
ARMY | BCMR | CY2012 | 20120005391
c. VA rating decision, dated 25 November 2011, that shows a special review of the FSM's claims file was mandated by federal court order in Nehmer v. Department of VA. Based on the VA's review of the evidence, they made the following decisions: (1) service connection for coronary artery disease associated with herbicide exposure was granted with a 30% evaluation effective 13 August 1996; (2) an evaluation of 100% was assigned from 13 February 2002 to 14 August 2007; and (3) service connection...
ARMY | BCMR | CY2006 | 20060004018C070205
The applicant provides copies of her 28 February 2006 letter to the President; a 6 March 2006 letter from the White House Director of Correspondence; a 29 August 1992 memorandum from the Vice Chief of Staff of the Army; a durable power of attorney, the FSM’s DD Form 214 (Certificate of Release or Discharge from Active Duty), his retirement orders; a 23 June 1993 letter from the Department of Veterans Affairs (VA); rating decisions from the VA showing the FSM is 100 percent disabled due to...
ARMY | BCMR | CY2008 | 20080005338
The applicant requests that the records of her husband, a former service member (FSM), be corrected to show that he was not retired, but on active duty at the time of his death, thereby entitling her to: a. receive $150,000 in additional Servicemembers' Group Life Insurance (SGLI); b. receive extended TRICARE Prime health care eligibility at the active duty rate, for three years, at no cost for dependents of Soldiers who die on active duty; and c. receive reimbursement for the unused days of...
ARMY | BCMR | CY2003 | 2003091002C070212
The applicant requests, in effect, that the records of her deceased spouse, a former service member (FSM), be corrected to show he withdrew from the Survivor Benefit Plan (SBP) due to being rated by the Department of Veterans Affairs (VA) at 100 percent disabled. Title 10, U. S. Code, section 1452(g)(1) provides that a person who has elected to participate in the SBP and who is suffering from a service-connected disability rated by the VA as totally disabling and has suffered from such...
ARMY | BCMR | CY2013 | 20130020846
The applicant states: a. Her position is that when the law states "only," anything outside of that is an invalid designation to be paid out by law. The FSM designated 25% of the death gratuity to two organizations.
ARMY | BCMR | CY2014 | 20140019509
Counsel provides: * FSM's death certificate * FSM's military identification card * applicant's CRSC application, dated 7 November 2012 * CRSC denial letter, dated 3 December 2012 * applicant's request for reconsideration, dated 3 December 2013 * CRSC denial letter, dated 18 December 2013 * FSM's service personnel records CONSIDERATION OF EVIDENCE: 1. In November 2012, the applicant submitted an application for CRSC. Counsel requests retroactive CRSC associated with the FSM's retired pay...