RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-03901

							 COUNSEL: 

							 HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She be awarded Combat-Related Special Compensation (CRSC) on behalf of her deceased husband.

APPLICANT CONTENDS THAT:

She should be awarded compensation owed her deceased husband under the CRSC program.  The Department of Veterans Affairs (DVA) rating decision, dated 31 Mar 15, reflects her deceased husband was awarded non-Hodgkin’s lymphoma, Parkinson’s disease, ischemic heart disease based on Agent Orange with a retroactive effective date of 24 Jan 14, at 100 percent.  Her husband passed away 17 Jan 15, without having knowledge of the CRSC program, and only after his death, did she learn of it.  

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

STATEMENT OF FACTS:

The former military member initially entered the Regular Air Force on 14 Feb 55.

On 31 Jul 81, the former military member was furnished an honorable discharge, retired effective 1 Aug 81, and was credited with 26 years, 5 months, and 17 days of active service. 

On 17 Jan 15, according to documents submitted by the applicant, the former military member passed away.    

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial indicating there is no evidence of an error or an injustice.  The CRSC program was established to provide compensation to certain retirees with Combat-Related disabilities that qualify under established criteria.  In accordance with Public Law 107-314, CRSC is payable to retirees who elect benefits under section 1413 of the law.  Since this compensation is not subject to any survivor benefit provisions under Chapter 73, Title 10, United States Code (USC), the veteran must actually submit a claim for CRSC prior to his or her death in order to be awarded the compensation.  They received an initial claim for CRSC from the applicant on 6 Jul 15 (former military member died 17 Jan 15).  The claim was disapproved on 9 Jul 15 as CRSC is not subject to any survivor benefit provisions of Chapter 73, Title 10, USC; therefore, this compensation cannot be  awarded to survivors of the service member.  Disabilities awarded secondary to Agent Orange exposure are approvable for CRSC.  In accordance with their guidance they are not authorized to consider claims for Veterans who have not signed a DD Form 2860, Application for Combat-Related Special Compensation.  Additionally, Defense Finance and Accounting Services (DFAS) would cease CRSC payments on the last day of the month prior to a military member's deceased date.  Furthermore, since a rating of 100 percent would make the former military member eligible for Concurrent Retirement and Disability Pay (CRDP), DFAS would determine if the member was eligible for retroactive payments through CRDP.  

A complete copy of the AFPC/DPFDC evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 May 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

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

The following members of the Board considered AFBCMR Docket Number BC-2015-03901 in Executive Session on 18 Aug 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03901 was considered:

	Exhibit A.  DD Form 149, dated 3 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDC, dated 6 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 27 May 16.