DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04972-10
25 March 2011
This is in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the United States
Code, section 1552. You requested, in effect, that you be credited
with the completion of twenty years of active duty service so that
you will become entitled to concurrent receipt of disability and
retired pay.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 24 March
2011. Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material
considered by the Board consisted of your application, together with
all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
In this regard, the Board found that you made a knowing and voluntary
waiver of your right to request continuation on active duty until
such time as you had completed twenty years of active service prior
to your transfer to the Temporary Disability Retired List. The fact
that you would have qualified for concurrent receipt of disability
and retired pay under legislation enacted more than twenty years
after you were retired was considered insufficient to warrant
granting your request for additional service credit. Accordingly,
your application has been denied. The names and votes of the members
of the panel will be furnished upon request.
As your disability is related to wounds you received while serving
in combat in Vietnam, you should consider applying for combat related
special compensation (CRSC). A DD Form 2860 is enclosed for your
use. A fillable electronic copy of that form is available at:
http: //www.donhg.navy.mil/corb/crscbh/dd2860.pdf. You may reapply
to the Board for Correction of Naval Records if your request is not
granted by the CRSC Board.
it is regretted that the circumstances of your case are such that
"avorable action cannot be taken. You are entitled to have the Board
yeconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden
jis on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
ANOS !
W. DEAN PFE F
Executive Direc
Enclosure
ARMY | BCMR | CY2014 | 20140002179
The applicant requests correction of his records to show he retired on 9 November 2013 with 20 years and 21 days of active duty service. The CRDP program provides a 10-year phase-out of the offset to military retired pay due to receipt of VA disability compensation. The applicant was disabled.
NAVY | BCNR | CY2005 | 02675-05
Sincerely, Enclosure DEPARTI~NT OF THE NAVY SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS COMBAT-RELATED SPECIAL COMPENSATION BRANCH 201 12TH STREET SUITE 703 ARLINGTON, VA 22202-4357 iN REPLY REFER 10 1850/I CRSC 15 Mar 2005 Subj: APPROVAL OF CRSC UPON RECONSIDERATION IN THE CASE OF~E~ qflUIIgIpUUIqqU~MUJP~4~ USN DOCKET NUMBER NCO4—00680 Ref: (a) 10 U.S. Code 1413a End: (1) DD Form 149 Application for Correction of Military Record 1. Your application package does not establish that...
AF | BCMR | CY2012 | BC-2012-01129
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...
CG | BCMR | Discharge and Reenlistment Codes | 2005-089
He asked the CRSC panel to consider granting him a disability rating for the scarring on his face and for skin cancers that the applicant claimed were related to the buoy explosion. In this section, the term 'combat-related disability' means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that -- (1) is attributable to an injury for which the member was awarded the Purple Heart; or (2) was incurred (as determined under the...
NAVY | BCNR | CY2009 | 08205-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
ARMY | BCMR | CY2014 | 20140017438
She wants the Army Board for Correction of Military Records to grant CRSC to the estates of deceased veterans. The applicant provides a VA Rating Decision, dated 4 August 2014, wherein it stated VA records indicated the FSM had been granted service-connected disability for ischemic heart disease effective 27 October 2005. However, in order to be granted CRSC, he would have had to submit evidence that conclusively showed his heart disease was incurred by a specific event while engaged in...
NAVY | BCNR | CY2008 | 11571-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 January 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
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 | CY2004 | 20040011239C070208
A veteran, who waives his or her military retired pay in order to credit military service to qualify for civil service retirement, is not eligible for CRSC. Information from a United States Office of Personnel Management publication regarding “Retirement Facts” notes that military service in the Armed Forces of the United States is creditable for Civil Service Retirement purposes only if it was active service and terminated under honorable conditions and the service was performed before...
ARMY | BCMR | CY2005 | 20050001971C070206
Leonard G. Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Due to cost constraints, while all military retirees will eventually receive concurrent receipt of VA disability compensation, only those military retirees who have disabilities incurred in combat, or in conditions simulating combat (which includes hazardous duties), are eligible for CRSC. The applicant has not submitted any evidence that his...