RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01293 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect his shoulder and ankle injuries were incurred during an exercise; and that his service- connected medical condition, be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. _________________________________________________________________ APPLICANT CONTENDS THAT: The CRSC law did not exist when he incurred his injuries. However, they were incurred while he was participating in an exercise and not as part of his regular duty. When he incurred his injuries he was in full chemical gear and under conditions simulating war. He previously applied for CRSC and his claim was denied due to his injuries not being recorded as combat related. The Department of Veterans Affairs (DVA) informed him that his injuries have to be coded as a combat related injury in order to qualify for CRSC. He incurred these injuries under conditions simulating combat and instrumentality of war. In support of his request, the applicant provides documentation associated with his CRSC application. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 28 Oct 77, the applicant contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the grade of staff sergeant, effective and with a date of rank of 1 Apr 83. He was relieved from active duty on 31 Oct 97. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. The applicant submitted an application for CRSC for tinnitus, tendon inflammation of the left elbow and right shoulder, and limited motion of the left ankle. On 16 Sep 09, his application was partially approved for tinnitus. He requested reconsideration for his ankle injury and the Board denied the request on 19 Feb 10 and 15 Sep 10, as no evidence was provided which confirmed the injuries were the direct result of armed conflict, hazardous service, instrumentality of war, or conditions simulating war. The CRSC program is designed to provide compensation for combat- related injuries. CRSC program standards are much more rigorous when determining disabilities under the current criteria. The CRSC program looks at what caused the condition, the activities taking place at the time, and the resulting disability. There are many disabilities that are ineligible for compensation under the CRSC program per Department of Defense guidance. The fact that a service member incurred a disability during a period of armed conflict, in an area of armed conflict, while participating in combat operations, or during a period of hazardous service is not sufficient by itself to support a combat-related determination. There must be a definite, documented, causal relationship between the armed conflict or hazardous service and the resulting disability. Information has not been provided that shows the applicant’s injuries were incurred as a direct result of a combat-related event. The applicant’s medical conditions do not meet the mandatory criteria for compensation under the CRSC. The APFC/DPSDC complete 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 17 Jun 11 for review and comment within 30 days. 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 conditions the applicant 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. Therefore, 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 the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2011-01293 in Executive Session on 24 Oct 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 Mar 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 21 Apr 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 17 Jun 11. Panel Chair