RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00990 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be entitled to benefits under the Combat-Related Special Compensation (CRSC) program. 2. His retirement pay be corrected to reflect 17.86 years. (Administratively corrected by the Defense Finance and Accounting Services (DFAS)). ________________________________________________________________ APPLICANT CONTENDS THAT: He was disability retired with a compensable rating of 30 percent and all of his service, both active and inactive should be credited when computing his retired pay. His injuries were incurred during a period of war and should be reflected as combat-related. In support of his appeal, he provides a copy of his retirement order, Special Order No. ACD-01642, dated 10 Jun 10; a copy of his AF Form 618, Medical Board Report, dated 25 Nov 09, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was permanently retired for disability effective 24 September 2010, with a disability rating of 30 percent. He completed 13 years, 3 months, and 13 days of active service for retirement, with 30 years, 9 months, and 12 days of service for pay. On 11 Apr 11, DFAS administratively corrected the applicant’s retired pay computation to reflect a multiple of 17.83 rather than 13.25. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial stating, in part, that his condition does not meet the mandatory criteria for compensation under the CRSC program. The applicant claims that since his conditions occurred during a time of war they should be determined as "Incurred in line of duty during a period of war" and thus his retired pay should not be taxed. Air Force Instruction 36-3212, PHYSICAL EVALUATION FOR RETENTION, RETIREMENT, AND SEPARATION, states: "Combat- Related - The IPEB will make a combat-related disability determination for: Armed Conflict, Extra Hazardous Service, Conditions Simulating War and Instrumentality of War. The tax law under Title 26 United States Code (USC) 104 defines that a disability that was the direct result of a combat related injury would be non-taxed. The board reviewed the narrative summary regarding the member's medical conditions of chronic back and neck pain. The narrative summary noted that the applicant had a motor vehicle accident on 21 October 1989. His back pain was due to a fall at Rhein Main AB Germany on 31 October 2002, when he slipped on a wet floor and landed on an ammo can, and that it was aggravated doing a bag drag in 2003. Based on definition and the facts and circumstances involved, the IPEB determined that the applicant's back and neck conditions were not caused by an instrumentality of war or a direct result of armed conflict and did not determine the conditions to be combat related. 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 or (the member is retired under Chapter 61 (disability retired). 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]. Qualifying Combat-Related Disability: Member has combat-related disabilities (which include any Purple Heart disabilities) that are compensated by the DVA. The complete AFPC/DPSDC evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Apr 2011 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 relief beyond that already granted administratively by DFAS is not warranted. Therefore, we find no basis to favorably consider this portion of his application. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2011-00990 in Executive Session on 24 October 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Mar 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSD, dated 6 Apr 11, w/atch. Exhibit D. Letter, SAF/MRBR, dated 25 Apr 11. Panel Chair