RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00898
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 JULY 2008

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APPLICANT REQUESTS THAT:

His Combat Related Special Compensation (CRSC) Act effective date be adjusted.

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APPLICANT CONTENDS THAT:

Applicant did not make any contentions; however, appears he is questioning the effective date of his CRSC payment of 1 Jan 04. 

In support of his request, applicant provided documentation associated with his CRSC application.  

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 Feb 1998, applicant retired from the Air Force in the grade of master sergeant, after serving 20 years and 11 days on active duty.  

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 40 percent for his service-connected conditions. 

His CRSC application was approved on 5 Mar 2007, granting a 10 percent compensable rating for Tinnitus effective Jan 04.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the CRSC program is designed to restore military retirement pay being offset by Department of Veteran Affairs (VA) compensation for disabilities considered combat related.  The program became effective on 1 Jun 03 for veterans with combat-related disabilities rated at 60 percent or more.  The program was later expanded, effective 1 Jan 04, to include veterans with combat-related disabilities rated at 10 percent or more.  In addition, 10 U.S.C. limits the monthly amount of compensation to what "the retiree would be entitled solely for the combat-related disability", and the amount paid cannot exceed "the amount of the reduction of retired pay" for that month.  Although the applicant was granted service-connection for his Tinnitus in May 1998, the CRSC program did not exist at that time; therefore, the earliest effective date allowed is 1 Jan 2004.  This allows the applicant the maximum CRSC payment allowable under law.  The applicant's request does not meet the mandatory criteria for compensation under the CRSC program.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 Jun 2007 for review and comment within 30 days.  As of this date, this office has received no response. (Exhibit D)  

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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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 AFBCMR Docket Number BC-2007-00898 in Executive Session on 23 July 2007, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 May 07.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 07.

                                   
                                   Chair