RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03918
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His claim for Combat Related Special Compensation (CRSC) be increased to 50
percent.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His Department of Veterans Affairs (DVA) disability rating increased from
40 percent to 50 percent.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Jun 50, the applicant contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of master
sergeant having assumed the grade effective and with a date of rank of 1
May 70. He was honorably retired on 1 Jun 72.
Available DVA records reflect a combined compensable rating of 50% for his
unfitting conditions.
The applicant initially applied for CRSC for prostate cancer, erectile
dysfunction, intervertebral disc syndrome and hypertension. On 31 Aug 06,
his application was partially approved for prostate cancer and erectile
dysfunction. The application did not contain any evidence to substantiate
the hypertension and intervertebral disc syndrome was the direct result of
armed conflict, hazardous service, instrumentality of war, or simulating
war. The DVA awarded him Special Monthly Compensation for loss of use of
creative organ secondary to prostate cancer. DPSD approved this new award
for Special Monthly Compensation and forwarded a corrected copy to the
applicant and finance center on 19 Nov 77. The hypertension and
intervertebral disc syndrome remained disapproved.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states the CRSC program examines each
disability awarded by the DVA for compensation eligibility. The DVA
awarded him a combined evaluation of 50 percent. However, not all of his
disabilities were determined to be combat-related. His DVA award was 50
percent, his CRSC award was 40 percent with Special Monthly Compensation.
There was no evidence showing a combat-related event or events caused the
intervertebral disc syndrome, and hypertension is not eligible for CRSC
compensation unless awarded by the DVA as secondary to diabetes mellitus or
presumptive to prisoner of war internment. The applicant believes his
erectile dysfunction was awarded a 10 percent rating by DVA. Based on the
information available, the erectile dysfunction was approved by the DVA at
0 percent. DVA ratings are not subject to challenge through the Physical
Disability Division. If he is requesting a change in his DVA rating, he
must contact the DVA regional office. The latest approval of 40 percent
with Special Monthly Compensation is the maximum award that was determined
to be combat-related. The hypertension and intervertebral disc syndrome do
not meet the mandatory criteria for compensation under the CRSC program.
APFC/DPSD’s complete 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 4 Apr
08, for review and response within 30 days. As of this date, no response
has been received by this office.
_________________________________________________________________
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. In this respect, it appears that while
the DVA increased his combined service-connected disability rating to 50
percent, the particular disability that has been determined combat-related
remains rated at 40 percent. The available evidence of record does not
support a finding that his remaining service-connected medical conditions
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. 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.
_________________________________________________________________
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-2008-
03918 in Executive Session on 19 Aug 08, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Nov 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 19 Mar 08, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 4 Apr 08.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2008 | BC-2007-03810
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03810 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition of Intervertebral Disc Syndrome be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In support of his request, the...
AF | BCMR | CY2008 | BC-2007-02923
His service-connected medical condition of the nervous system (occipital headaches), hypertension, intervertebral disc syndrome (cervical) and neurology of the middle radicular nerve group (left arm) be reevaluated under the Combat Related Special Compensation (CRSC) Program in order to qualify for compensation. In support of his request, the applicant provided documentation associated with his CRSC application. Available DVA records reflect a combined compensable rating of 100% for...
ARMY | BCMR | CY2014 | 20140009832
Application for correction of military records (with supporting documents provided, if any). The applicant's record is void of any evidence that shows his injuries were a direct, causal relationship to war or the simulation of war. Although the evidence shows the applicant was diagnosed with Hypertensive Heart Disease, Degenerative Arthritis of the Cervical Spine, Lumbar Intervertebral Disc Syndrome with Thoracolumbar Degenerative Changes with Erectile Dysfunction, Healed Fracture; Left...
ARMY | BCMR | CY2013 | 20130003774
He provides: * a self-authored statement, dated 13 February 2013 * his DA Form 199 (PEB Proceedings), convened on 2 March 2010 * his Department of Veterans Affairs (VA) Rating Decision, dated 8 December 2011 * a letter from U.S. Army human Resources Command (HRC) CRSC Branch, dated 13 December 2012 * two letters of support, dated 12 July and 27 August 2012 CONSIDERATION OF EVIDENCE: 1. Eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years...
ARMY | BCMR | CY2013 | 20130016070
The applicant requests, in effect, addition of the following medical conditions to his unfitting conditions and an increase in his disability rating: * post-traumatic stress disorder (PTSD) * degenerative disc disease (spine with right upper extremity radiculopathy) * sleep apnea 2. He was initially rated for PTSD in September 2008, but an MEB psychiatrist downgraded the PTSD diagnosis to an Army MEB diagnosis of major depression with anxiety disorder and the PEB rated this condition as 30...
ARMY | BCMR | CY2010 | 20100013294
The applicant requests, in effect: * correction of his records to show he was discharged for medical reasons * credit for his service in the U.S. Army Reserve (USAR) * recalculation of his retirement points 2. The applicant's records contain an ARPC Form 156, dated 16 August 1995, showing that an audit was completed with regard to his service and as of 7 May 1995, he had 2,111 retirement points and 16 years, 11 months, and 16 days of satisfactory service. The VA records provided by the...
AF | BCMR | CY2007 | BC-2006-02455
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02455 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 19 FEBRUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, Right and Left Knee Prosthesis and Degenerative Arthritis of the Lumbar Spine be reevaluated under the Combat Related Special Compensation...
AF | BCMR | CY2006 | BC-2005-01865
After the death of her husband, she became aware that his disability rating had been increased to 40% and applied for CRSC benefits on his behalf. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05. THOMAS S. MARKIEWICZ Chair AFBCMR BC-2005-01865 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The...
AF | BCMR | CY2008 | BC-2008-01229
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01229 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, intervertebral disc syndrome, hypertension, arteriosclerotic heart disease, and peripheral vascular disease (right and left legs), be assessed as combat-related in order...
ARMY | BCMR | CY2011 | 20120000695
The applicant states errors in his medical documentation at the time of his retirement were supposed to have been corrected to show that his disability retirement was the result of an instrumentality of war, specifically Agent Orange. The advisory opinion noted that the ABCMR corrected the applicant's records in 1988 to show his back condition was the result of instrumentality of war. The applicant has not provided and the record does not contain any evidence that he was suffering from any...