IN THE CASE OF: BOARD DATE: 5 April 2011 DOCKET NUMBER: AR20100016171 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the records of her late husband, a former service member (FSM), be corrected to show he was paid Concurrent Receipt Disability Pay (CRDP) from 1 November 2003. 2. The applicant states her husband was awarded a 100 percent disability rating by the Department of Veterans Affairs (VA) on 8 September 2004, effective 1 November 2003. Although her husband had requested CRDP he was never given those payments. 3. The applicant provides documents pertaining to the criteria for CRDP and the FSM's VA disability rating. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The FSM's military records show that he was commissioned and entered active duty on 22 June 1980. He was awarded the area of concentration of veterinary pathologist and was promoted to the rank of colonel. 3. On 31 October 2003, he retired due to completion of sufficient service for retirement. 4. On 14 September 2004, the VA notified the FSM he had been awarded a 100 percent disability rating, effective 1 November 2003. 5. On 2 July 2005, the FSM died. 6. In the processing of this case an advisory opinion was obtained from DFAS. DFAS stated that the FSM was paid full CRDP from October 2004 until his death in July 2005. 7. The applicant was provided the advisory opinion and responded, stating that Defense Retiree & Annuitant Pay System (DRAS) printouts show her husband did not receive CRDP. She provides the DRAS printouts. 8. DFAS has advised the Board's staff that since CRDP was not automated until late September 2005, nothing regarding CRDP could have been viewable on DRAS before then. DISCUSSION AND CONCLUSIONS: 1. DFAS has confirmed the FSM started receiving CRDP the month following receipt of his 100 percent VA disability rating. 2. Since the FSM was paid CRDP immediately following the award of his 100 percent VA disability rating, there is no error to correct in this case. 3. While the applicant believes that the DRAS printouts verify that her husband did not receive CRDP, this is not so. No CRDP entries were made in DRAS until it was automated in September 2005. The FSM died in July 2005. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ____X___ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100016171 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016171 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1