RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01779 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His military record be corrected to reflect the combat related injuries he incurred while performing duties in Vietnam. ________________________________________________________________ APPLICANT CONTENDS THAT: His Vietnam venture began in 1970 on the borders of Cambodia. The mission lasted about 60 days. At least five fellow soldiers were killed and others lost limbs. They walked for miles and often through water that was waist high. They were dirty and subjected to skin rashes and insect bites. Many of his fellow soldiers were killed: one was decapitated trying to jump from a helicopter, others were killed during fights and building bunkers. He was very excited about serving his country but feels he should be compensated for his physical and mental disabilities. He is applying for combat related special compensation (CRSC) and needs this as evidence to support his claim. In support of his request, the applicant provides a personal statement and copies of his DD Form 214, Certificate of Release of Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired on 1 January 2005 in the grade of master sergeant (E-7). A DVA Rating decision, dated 21 June 2007, indicates the applicant’s conditions of bursitis for his right elbow, bleeding ulcer, rash in groin, bursitis left elbow and tuberculosis were not service connected. He was awarded a temporary evaluation of 100 percent for his hospitalization for post traumatic stress disorder (PTSD) effective 12 December 2006. An evaluation of 30 percent was assigned as of 1 February 2007. The applicant applied for CRSC and on 26 March 2010, his request was denied. HQ AFPC/DPSD found there was no indication of a combat related stressor. The applicant requested reconsideration and on 5 October 2010 and 24 March 2011, his requests were denied. While it was found his PTSD was related to his time on active duty, DPSD explained that PTSD does not automatically qualify his disability as combat related. They also informed the applicant that their standards were much more rigorous when determining disabilities under current criteria. They also found the applicant submitted no new information to substantiate his request for the CRSC. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. The CRSC program was established to provide compensation to certain retirees with combat-related disabilities under Title 10 U.S.C, Section 1413a. If the veteran does not satisfy the preliminary CRSC criteria, no further consideration is required and the claim is denied. The VA awards service connected disabilities based on their standards. While service connected disability is required for initial legibility for CRSC consideration, CRSC criteria is more stringent and requires documentation to support a qualifying combat-related event as the direct cause of a disability. The applicant’s condition does not meet the mandatory criteria for compensation under the CRSC program. There is no documentation confirming his exposure to hostile fire. The complete DPSDC evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 November 2011, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a 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 applicant has requested that his service medical records be amended to reflect that he incurred injuries while performing official duties in Vietnam. It appears the applicant is seeking to have his medical records confirm that his service-connected PTSD qualifies for benefits under the CRSC Act. However, we do not find the evidence submitted is sufficient to conclude 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. As such, 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. 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 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 AFBCMR Docket Number BC-2011-01779 in Executive Session on 5 March 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2011-01779 was considered: Exhibit A. DD Form 149, dated 1 Apr 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 2 Nov 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 10 Nov 11. Panel Chair