RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01736
	COUNSEL: 

	HEARING: NO

APPLICANT REQUESTS THAT:

His Combat Related Special Compensation (CRSC) election be changed to Concurrent Retirement and Disability Pay (CRDP). 

APPLICANT CONTENDS THAT:

He received a change to his DVA Compensation Rating in a letter dated 3 Feb 17 increasing his rating from 70 percent to 80 percent with an effective date of 4 Nov 16, however did not receive this notification until 10 Feb 17.  At that point, he missed the annual CRDP/CRSC open season window and is requesting his status be changed from CRSC to CRDP with an effective date of 4 Nov 16.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force senior master sergeant.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibit C and D.

AIR FORCE EVALUATION:

AFPC/DPFDC does not make a recommendation as the Defense Finance and Accounting Service (DFAS) is the office of primary responsibility for the requested action.  The complete advisory is at Exhibit C.

DFAS recommends denying the application.  Public Law 108-136, Section 641 authorized CRDP allowing for concurrent receipt of military retired pay and disability compensation from the DVA for eligible military retirees.  It is a restoration of military retired pay, and is a taxable entitlement.  Public Law 107-314, Section 636, created CRSC for certain retirees with combat-related disabilities.  CRSC is tax exempt.  Applicant is eligible for both CRDP and CRSC; however, members cannot receive both entitlements concurrently, and we ask them to inform us which entitlement they want to receive during the CRDP/CRSC Open Season election period.

Open season starts in mid-to-late December and goes until 31 Jan of the following year.  During this time period, retirees can elect the entitlement they want for the entire year.  The DVA increased his disability rating from 70 percent to 80 percent effective 1 Dec 16 per documentation provided by the applicant.  The applicant received his notification from the DVA in Feb 17, which was after the deadline of 31 Jan 17.

DFAS has acted in accordance with the established guidelines pertaining to applicant’s CRDP/CRSC Open Season Election for the year 2017.  The applicant did elect to change from CRSC to CRDP on 29 Dec 17, for the CRDP/CRSC Annual Open Season Election for the year 2018.  As a result, his entitlement is changed to CRDP.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 17 Jan 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of DFAS and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-01736 in Executive Session on 22 May 18:

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Mar 17
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 15 Nov 17.
Exhibit D:	Advisory opinion, DFAS, dated 16 Jan 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Jan 18

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.