RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03881
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her service-connected medical conditions, Post Traumatic Stress Disorder
(PTSD) and Depression be reevaluated as combat-related in order to qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
This is an oversight. The Veterans Affairs (VA) representative indicated
through various correspondence and documentation that her PTSD was combat-
related. She was further informed that her disability was combat-related
and is listed as Gulf War incurred.
In support of her request, she provided documentation associated with her
CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s DD Form 214 reflects she served on active duty from 22 Aug
84 through 31 Aug 04. She was honorably retired on 1 Sep 04. She served
20 years and 9 days on active duty.
She submitted an application for CRSC for Tinnitus, Impaired Hearing,
Limited Flexion of Forearm, Lumbosacral or Cervical Strain, Condition of
Skeletal System - Left and Right Knees, Melasma, Mild Bilateral Hallux
Valgus, Anal Sphincter Hypotonia, Genital Herpes, Post Traumatic Stress
Disorder (PTSD) and Depression. On 10 Aug 06, her application was
partially approved for Tinnitus and Impaired Hearing. Her application
contained no evidence to substantiate her disapproved conditions were the
direct results of armed conflict, hazardous service, instrumentality of
war, or simulating war. The PTSD was initially deferred. She requested
reconsideration after the VA granted her PTSD and Depression as a service
connected disability. The reconsideration request was disapproved on 6 Jun
07. She submitted additional requests for reconsideration which were
disapproved on 30 Apr 07 and on 29 Oct 07. No additional documentation was
provided to support a combat-related event as the direct cause for PTSD and
Depression.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the applicant's medical condition
does not the meet the mandatory criteria for compensation under the CRSC
program. No evidence was located to substantiate her medical conditions
were a direct result of a combat-related event. She indicated she incurred
her condition a result of being raped while performing security forces
duties during the Gulf War. The fact that she incurred this disability
while stationed in the Gulf is not sufficient to support a combat-related
determination.
APFC/DPSD's 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 7 Mar
08 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 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 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, do 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
compelling 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 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-2007-
03881 in Executive Session on 12 May 08, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Nov 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 27 Feb 08, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 Mar 08.
THOMAS S. MARKIEWICZ
Chair
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