RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01170
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, Post Traumatic Stress
Disorder (PTSD) be reevaluated as combat-related in order to
qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The evidence of a near death experience for him, his crew and the
death of 3 people was ignored by the CRSC Board. The Department
of Veterans Affairs (DVA) psychiatrist rendered that his PTSD was
a result of being involved in incidents that simulated war. The
Board processed his case without the clinic records.
In support of his request, he provided documentation associated
with his CRSC application.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 29 May 71, the applicant contracted his initial enlistment in
the Regular Air Force. He was progressively promoted to the
grade of master sergeant having assumed that grade effective and
with a date of rank of 1 Dec 82. He was retired on 1 Apr 90.
On 9 Oct 08, the applicant submitted an application for CRSC. On
23 Feb 09, his application was disapproved. He requested
reconsideration for the PTSD and Tinnitus, but the
reconsideration was denied on 10 Mar 09. There was no evidence
provided to confirm his disabilities were the direct result of
armed conflict, hazardous service, instrumentality of war, or
simulating war.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of his request for CRSC. DPPD states
the fact the applicant incurred the disability during a period of
war/simulating war, in an area of armed conflict/simulated armed
conflict, while participating in combat operations/simulated
combat operations, or during a period of hazardous service is not
sufficient by itself to support a combat-related determination.
The PTSD stressors attributed to the death of individuals,
where the member was not directly involved in the event that
caused the death, do not qualify for CRSC.
The evidence of record verified the 6 Jul 89 aircraft explosion
was a stressful event and an in-service stressor was approved.
However, the information provided does not indicate the applicant
was directly involved in the aircraft accident. There is no
corroborating evidence that indicated he or any others in the
tower were in danger from the aircraft explosion.
The APFC/DPPD complete evaluation, with attachment, is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the aircraft explosion on 6 Jul 89 proves he
was directly involved in a dangerous simulating war incident. A
F4 aircraft exploded in front of the control tower. He felt the
impact of the explosion. Him and his crew were given the flight
surgeons standard after incident direct involvement
medical/psychological evaluations for air controllers and pilots.
He later learned that two crew members did not survive the
incident. Unfortunately, over a period of 27 years in the air
traffic control field, with direct involvement in aircraft
incidents, flight line explosions, aircraft crashes, he can only
provide the Board with one documented event. The DVA determined
he is a PTSD veteran.
The applicants complete response, with attachments, is at
Exhibit E.
_________________________________________________________________
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. Therefore, in the absence of evidence to the contrary,
we find no basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2009-01170 in Executive Session on 11 Jan 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Mar 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Aug 09.
Exhibit D. Letter, SAF/MRBR, dated 11 Sep 09.
Exhibit E. Letters, Applicant, dated 29 Sep 09 &
19 Oct 09, w/atchs.
Panel Chair
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