RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01893
		INDEX NUMBER: 128.14

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her late father’s records be corrected to show that he was eligible to receive Combat-Related Special Compensation (CRSC) benefits from the date the CRSC program was established until the date of his death.
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APPLICANT CONTENDS THAT:

Her father wanted to apply for benefits under the CRSC; however, he was too ill to do so prior to his death.  His estate should not be penalized because he was too ill to submit the proper paperwork.

Her father was a bomber pilot during World War II and was injured when his aircraft was shot down over Germany.  He was beaten by German civilians and interned as a Prisoner-of-War (POW) for about a year.

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

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STATEMENT OF FACTS:

The member was a former member of the Army Air Corps, who served in the European Theatre of Operation during World War II, as a B-17 pilot.  On 8 May 1944, while on a bombing mission over Berlin, Germany, his aircraft was shot down and he was injured during the forced bailout.  He was captured by the German Army and interned as a POW until 29 April 1945.  

On 20 December 1971, he was awarded the Purple Heart for wounds incurred on 8 May 1944, in action against an enemy of the United States.

He retired from the Regular Air Force for years of service on 1 April 1972.  He completed 28 years and 29 days of active duty service.

The member died on 18 August 2003.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial of applicant’s request stating, in part, that although his service-connected medical conditions exceed the required 10% rating, he does not qualify for CRSC benefit since he did not apply for and elect CRSC benefits.

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].

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states, among other things, that it is heartless to deny the requested relief because her father was too ill.  During the period in question, she was struggling with trying to keep her father alive and caring for her mother who has Alzheimer’s disease.  In cases of this nature, there should be some sort of a waiver available.  His illness and subsequent death were during the time the CRSC was initially implemented, so he did not have enough time to research it and put an application packet together before his death.

Applicant’s complete response, with attachments, 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  In this respect, we note that the applicant is the surviving daughter of a deceased retired member.  While serving in the European Theatre of Operation during World War II, as an Army Air Corps B-17 pilot, the applicant’s father was shot down during a bombing mission over Berlin, Germany.  He was injured during the forced bailout from the aircraft, captured by the German Army, and interned as a POW.  For his injuries, sustained during the forced bailout from the aircraft, he was awarded the Purple Heart.  After her father’s death, the applicant applied for CRSC benefits in her late father’s behalf.  Although her father met the criteria for CRSC benefits prior to his death, her application was disapproved because her father did not apply for CRSC benefits prior to his death.  The applicant states that her father wanted to apply for CRSC benefits; however, he was too ill to do so prior to his death.  In view of this, and since we have no reason to question the applicant’s personal statement, we recommend the member’s records be corrected to show that he applied for CRSC benefits on 1 May 2003.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 May 2003, he submitted DD Form 2860, Application for Combat-Related Special Compensation (CRSC), and his application was accepted for review by competent authority.

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The following members of the Board considered Docket Number BC-2004-01893 in Executive Session on 15 September 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jun 04, w/atchs.
    Exhibit B.  Member's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.
    Exhibit E.  Letter, Applicant, dated 27 Jul 04.

AFBCMR BC-2004-01893

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXX, be corrected to show that on 1 May 2003, he submitted DD Form 2860, Application for Combat-Related Special Compensation (CRSC), and his application was accepted for review by competent authority.