RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03866 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His service-connected medical conditions of asthma, limited 
motion of the right shoulder, arthritis of the spine, and carpal 
tunnel of both hands be re-evaluated in order to qualify for 
compensation under the Combat Related Special Compensation 
(CRSC) program. 

 

2. His AF Form 356, Findings and Recommended Disposition of USAF 
Physical Evaluation Board (PEB) be changed to reflect “Yes” 
indicating his asthma “was a direct result of armed conflict or 
was caused by an instrumentality of war and incurred in line of 
duty during a period of war.” 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. His service medical/treatment and personnel records for the 
period of 31 Aug 90 to 2 Sep 06, show zero (0) signs of PTSD. 
Supporting evidence confirms his PTSD developed during 
deployment and was diagnosed after deployment. 

 

2. His service medical/treatment and personnel records for the 
period of 31 Aug 90 to 2 Sep 06 show zero (0) signs of asthma. 
Supporting evidence confirms his asthma developed during 
deployment and was diagnosed after deployment. 

 

3. Supporting evidence affirms he received right shoulder and 
lower back injuries as a Security Forces member, during multiple 
simulated combat exercises and during real world base defense 
during Y2K and 9/11. 

 

4. His service medical/treatment and personnel records for the 
period of 31 Aug 90 to 2 Sep 06, show zero (0) signs of carpal 
tunnel syndrome. Shortly after redeployment both hands began 
exhibiting intermittent numbness, tingling, and shaking which 
significantly reduces mobility and fine motor skills. 
Supporting evidence confirms his right/left hand carpal tunnel 
developed during deployment and was diagnosed after deployment. 

 

In support of the request, the applicant provides a personal 
statement, DD Form 2860, Application for CRSC; DD Form 214, Certificate of Release or Discharge from Active Duty; extracts 


from his medical records, and other documentation related to his 
request. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 10 Nov 2008, the applicant was medically retired from the Air 
Force after completing 18 years, 2 months and 10 days of total 
active service. 

 

On 18 Sep 08, an Informal Physical Evaluation Board (IPEB) 
convened and diagnosed the applicant with asthma. The IPEB 
found the applicant unfit and recommended he be permanently 
retired with a disability rating of 30 percent. The IPEB also 
determined his disability was not the direct result of armed 
conflict or caused by an instrumentality of war. On 25 Sep 08, 
the applicant concurred with the recommendation. 

 

On 10 Sep 09, the applicant applied for CRSC for tinnitus, PTSD, 
asthma, limited motion of the right shoulder, arthritis of the 
spine, and carpal tunnel of both hands. On 28 Sep 09, his claim 
was partially approved for tinnitus. He requested 
reconsideration of the Board’s disapproval of compensation for 
his disabilities, but the requests were denied 21 Jan 10 and 
11 Aug 10. The applicant submitted additional documentation 
providing sufficient evidence and his claim for PTSD was 
approved on 17 Nov 10. However, no evidence was provided to 
confirm his remaining disabilities were the direct result of 
armed conflict, hazardous service, instrumentality of war, or 
simulating war. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSDC recommends denial. DPSDC states the applicant’s 
conditions do not meet the mandatory criteria for compensation 
under the CRSC program as outlined under the provisions of Title 
10, U.S.C., Chapter 71, Section 1413a. Additionally in 
accordance with (IAW) DD Form 2860, the fact that the applicant 
incurred a disability in an area of armed conflict/simulated 
armed conflict, while participating in combat/simulated combat 
operations, or during a period of simulating war, is not 
sufficient by itself to support a combat-related determination. 
There must be a definite, documented, casual relationship 
between the armed conflict/simulated armed conflict and the 
resulting disability. 

 


Furthermore, by law, determinations of whether a disability is 
combat-related will be based on the preponderance of available 
documentary information. All relevant documentary information 
is to be weighed in relation to known facts and circumstances, 
and determinations will be made on the basis of credible, 
objective documentary information in the records as 
distinguished from personal opinion, speculation, or conjecture. 

 

The complete DPSDC evaluation, with attachments, is at Exhibit 
C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states his medical/treatment records clearly 
verify zero signs of asthma pre-deployment and confirm diagnosis 
post-deployment. Military members with asthma cannot deploy 
overseas. After diagnosis, he was medically retired at 18 years 
of service, because asthma is not conducive to the rigors of 
military service. 

 

He contends the supporting evidence clearly indicates his asthma 
was acquired, while serving in an asthma producing combat 
environment. He cannot fathom how anyone who meticulously reads 
his appeal and included attachments could deny the direct cause 
of his asthma. Additionally, his records illustrate pre-
deployment right shoulder and lower back injuries significantly 
aggravated in-theater, from repeatedly diving onto the floor, 
ground, into concrete bunkers, and slipping on the rocks while 
running for cover during 120 plus rocket, mortar, and small-arms 
attacks. 

 

The applicant’s complete submission, 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 timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant is requesting his AF Form 356 be corrected to reflect 
his asthma “was a direct result of armed conflict or was caused 
by an instrumentality of war and incurred in line of duty during 
a period of war.” Based upon a review of the available evidence 
of record and the documentation provided in support of his 


appeal, we do not find evidence that justifies a change in his 
record is warranted. Therefore, approval of that portion of his 
request is not warranted. In addition, 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. 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 basis to recommend granting 
the relief sought. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of 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-2010-03866 in Executive Session on 13 Aug 11, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 11 Oct 10, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Letter, AFPC/DPSDC, dated 18 Nov 10, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10. 

 Exhibit E. Applicant’s Rebuttal, dated 29 Dec 10. 

 

 

 

 

 Panel Chair