RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2009-00875
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, post-traumatic stress disorder (PTSD) and migraine headaches be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

He was a medical technician assigned hazardous duty at a bombing range in New Mexico.  As part of his first responder duties, he has recovered everything from one crew member to 269 passengers on board a C-130 with no survivors.  He also recovered remains while off duty at crash sites.  He has ongoing flashbacks since the 1960’s and has been diagnosed with PTSD, headaches, nausea and vomiting.  The New Mexico experience initiated his disease under simulated combat conditions and built over time.  He functioned by internalizing the experiences and not dealing with them.  In 1992, a psychiatrist stated he could no longer put these experiences in his subconscious.  He believes he should qualify for CRSC due to these life experiences.


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

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STATEMENT OF FACTS:

Effective 1 June 1984, the applicant retired from the Air Force in the grade of chief master sergeant, after serving 30 years and 19 days of service.

On 13 July 2003, he applied for CRSC.  On 6 November 2003, his request was denied.  On 15 November 2004 and 26 January 2009, he requested reconsideration.  His requests were denied because no evidence was provided confirming these disabilities were the result of armed conflict, hazardous service, instrumentality of war or simulating war.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides a review of the applicant’s medical records and notes the board agrees the applicant was exposed to traumatic situations during his career, related to his first responder duties.  The board also concedes that most of the fatalities were caused by instruments of war or under conditions simulating war.  However, these combat-related events occurred to the victims of these accidents and not directly to the applicant.  Department of Defense guidance for the CRSC program states there must be a definite, direct, documented, casual relationship between the armed conflict or instrumentality of war and the resulting disability.  PTSD stressors attributed to the death of individuals, where the member was not directly involved in the event that caused the death(s), such as surviving an aircraft crash, do not qualify for CRSC. 

The complete DPPD evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and reiterate and elaborated on his original contentions.  He stated he was subjected to some of the same experiences that took the lives of the causalities he recovered during his career.  He has responded to missions throughout the world.  He experienced many aircraft hazards while flying.  He experienced close calls from practice bombs getting hung.  He card for shooting victims in Germany and Colorado and still suffers from these experiences.

The applicant’s review, in its entirety, is at 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.  The available evidence of record does not support a finding that the service-connected medical conditions he believes are combat-related were incurred as the direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war; and, therefore, does not qualify for compensation under the CRSC Act.  Accordingly, 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 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 this application in Executive Session on 15 July 2009, under the provisions of AFI 36-2603:

				, Chair
				, Member
				, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 12 Aug 08, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPPD, dated 19 Nov 08, w/atchs.
Exhibit D.  Letter, SAF/MRBR, dated 5 Dec 08.
Exhibit E.  Letter, Applicant’s Counsel, dated 30 Dec 08, w/atchs.




                                   
                                   Panel Chair