RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00564
		INDEX NUMBER:  128.14

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NONE

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APPLICANT REQUESTS THAT:

He be entitled to Combat-Related Special Compensation (CRSC) benefits.

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APPLICANT CONTENDS THAT:

He should be eligible to receive CRSC benefits since he was disability retired with a 50% rating and his retired pay multiplier infers that he had 20 years of service.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 3 July 1970, with a disability rating of 50%.  He completed 11 years, 1 month, and 20 days of active federal military service.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating, in part, that he is not eligible for CRSC because he did not complete 20 years of active service.

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.

	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 includes any Purple Heart disabilities) that are compensated by the DVA.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was not scheduled for a Physical Evaluation Board (PEB) as indicated by the evaluation.  To the contrary, he was scheduled for a physical examination prior to his voluntary assignment to Vietnam.  At that time, he was advised that since he had been on a physical waiver since December 1963 and the Vietnam war was drawing down, the Air Force had to get rid of many officers and anyone on a waiver was to be retired.  The physical examination was used as the basis for his retirement.  His service-connected disability has now been increased to 80% by the Department of Veterans Affairs (DVA) based on residual paralysis from the aircraft accident and prostate cancer related to Agent Orange exposure in Vietnam.

Applicant’s complete response is at Exhibit E.

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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 their rationale as the basis for our conclusion that applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2004-00564 in Executive Session on 15 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 5 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.
    Exhibit E.  Letter, Applicant, dated 10 Jun 04.