RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00886 

 COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His service-connected medical condition of Phlebitis and 
entitlement to special monthly compensation be reevaluated under 
the Combat-Related Special Compensation (CRSC) Act. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He should be granted compensation under the CRSC program for his 
service-connected disability of Phlebitis. 

 

In support of his request, the applicant provides a personal 
statement. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served as an Airplane Mechanic in the grade of senior master 
sergeant (E-8). He was honorably released from active duty 
effective 30 September 1976 and retired effective 1 October 1976. 
He served 28 years, 2 months, and 19 days on active duty. 

 

According to the limited available medical and DVA records, the 
applicant received a 30 percent service-connected disability 
compensation rating from the DVA, effective 1 March 1995, for 
Peripheral Vascular Disease, Left Deep Vein. 

 

On 11 June 2003, the applicant submitted a request for receipt of 
CRSC. On 14 April 2004, he was notified that his request for 
CRSC was denied based on his disabilities failed to meet the 
criteria established for favorable consideration under the 
provisions of performance of duty under conditions simulating 
war, instrumentality of war, actual combat, hazardous service, or 


other CRSC categories. Similar requests from the applicant were 
disapproved on 26 May 2005 and 13 December 2006. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPPD recommends denial of the applicant’s request that his 
Phlebitis be approved for CRSC. DPPD indicates this condition 
does not meet the mandatory criteria for compensation under the 
CRSC program as outlined under the provisions of Title 10, United 
States Code (USC), Chapter 71, Section 1413a. DPPD states the 
applicant’s service medical records, dated 1 May 1989, indicate 
his Phlebitis occurs after prolonged walks or exercise. In order 
to determine a disability is combat-related, there must be 
objective documentary evidence the disability is the direct 
result of a combat event or events, or performance of duty 
simulating war, or caused by hazardous service, or an 
instrumentality of war. An injury incurred from routine 
activities such as prolonged walking, standing or kneeling are 
not unique to military service or combat situations. Therefore, 
this type of injury cannot be approved unless some combat-related 
event, such as the concussion of a bomb blast, caused the veteran 
to injure himself while performing these duties. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 26 September 2009 for review and comment within 30 days 
(Exhibit C). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

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 condition the applicant believes is combat-
related was 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. 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 basis to recommend granting 
the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material 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. 

 

________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2008-00886 in Executive Session on 2 March 2010, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2009-00886 was considered: 

 

 Exhibit A. DD Form 149, dated 3 Mar 09, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPPD, dated 4 Sep 09, w/atch. 

 Exhibit D. Letters, SAF/MRBR, dated 26 Sep 09. 

 

 

 

 

 

 Panel Chair