ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01420
		INDEX CODE:  108.00

	XXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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STATEMENT OF FACTS:

A similar appeal was considered and denied by the Board on 23 June 2005.  For an accounting of the facts and circumstances surrounding the applicant’s request for CRSC benefits, and, the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit I.

The applicant submits a request for reconsideration, contending that since Congress has amended the section of the law requiring 20 years of active service as a criterion for CRSC, his reason for denial no longer applies.  

In support his appeal, the applicant submits a personal statement and other supporting documents concerning the issue under review.  

The applicant’s complete submission, with attachments, is at Exhibit J.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPD recommends denial, stating, in part, the 2008 expansion included eligibility for Veterans retired will less than 20 years of service.  However, the applicant is still not receiving disability compensation from the Department of Veterans Affairs (DVA).

If the veteran satisfies the preliminary CRSC criteria, the claim is reviewed for combat-related determination.  In order to determine a disability is combat-related, there must be objective documentary evidence the disability is the direct result of a combat event or events of performance of duty simulating war or caused by hazardous service or an instrumentality of war.  In addition, there are other conditions that are considered presumptive of Agent Orange, Radiation, Mustard Gas, or POW internment, by the DVA, which also qualify for CRSC.

According to Section 1413a, Title 10, United States Code (USC), “A retiree must be entitled to compensation for service-connected disabilities under Title 38, USC, by the VA.”  The applicant is not receiving compensation from the DVA, and therefore, is ineligible for CRSC.

The HQ AFPC/DPPD complete evaluation, with attachment, is at Exhibit K.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant is of the opinion that AFPC/DPPD is misreading the provisions of Title 10 USC, Chapter 71, Section 1413a and is incorrect in their interpretation of the statute.  He further explains his understanding of the statute.

The applicant’s complete response, with attachments, is at Exhibit L.

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THE BOARD CONCLUDES THAT:

In an earlier finding, we determined that there was insufficient evidence to warrant any corrective action regarding the applicant’s request that he be entitled to benefits under CRSC.  In his most recent submissions, the applicant argues that since the new law governing the CRSC program is inclusive of medical retirees with less than 20 years of active service, he now meets the criteria to be entitled to CRSC benefits.  We have reviewed the applicant’s most recent submission and find the evidence provided insufficient to warrant a reversal of our previous determination in this case.  In this respect, we note, that based on the review by HQ AFPC/DPPD, the applicant still does not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of Title 10 U.S.C., Chapter 71, Section 1431a.  Therefore, we find no basis upon which to recommend favorable consideration of the applicant’s request.

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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 this application in Executive Session on 30 June 2009, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit I.  Record of Proceedings, dated 15 Aug 05,
                with Exhibits.
	Exhibit J.  Applicant’s Letter, dated 10 Apr 08, with 
                attachments.
    Exhibit K.  Letter, HQ AFPC/DPPD, dated 27 Mar 09, w/atchs.
    Exhibit L.  Letter, AFBCMR, dated 24 Apr 09.
	Exhibit M.  Applicant’s Letter, dated 14 May 09, w/atchs.