RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04640
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to benefits under the Combat-Related Special
Compensation (CRSC) program.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has filed for CRSC and has been denied twice; once in Jun 09
and again in Sep 10. Both times after submitting additional
evidence, he was advised that the event was not a direct cause
of his disability and that his claim did not meet the criteria
for the CRSC program. He was later advised, after a submission
that his injuries were not service-connected; however, he
believes the Air Force is unjustly looking for reasons to deny
his claim for CRSC.
In support of his appeal, he provides an extract of his CRSC
packages; his Department of Veterans Affairs (DVA) rating
decision; a copy of his DD Form 214, Certificate of Release or
Discharge from Active Duty, issued in conjunction from his
30 Mar 07 separation, and other medical documents associated
with his request..
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant, a Reservist, was notified of his eligibility for
Retired Pay at age 60, on 26 May 07. He earned 3528 points
under the provisions of 10 USC 12731. His most recent
DD Form 214, indicated that he completed 3 years, 11 months, and
25 days during this period of active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial stating, in part, that his
condition does not meet the mandatory criteria for compensation
under the CRSC program.
The applicant submitted a CRSC claim for Post-Traumatic Stress
Disorder (PTSD), back, neck, knees, left ankle, and tinnitus;
however, his request was disapproved on 1 Jun 09. He requested
reconsideration of his claim for his back, neck, knees, left
ankle, and tinnitus; however, on 28 Sep 10, his claim was
disapproved. The CRSC board concluded that no evidence was
provided to confirm the applicants disabilities were the direct
result of armed conflict, hazardous service, an instrumentality
of war, or simulating war.
The applicant states his disabilities were incurred while
downloading military cargo while deployed to Kuwait. In
accordance with DD Form 2860, Claim for Combat-Related Special
Compensation (CRSC), the fact that a member incurred a
disability in an area of armed conflict or while participating
in combat operations is not sufficient by itself to support a
combat-related determination. There must be a definite,
documented, causal relationship between the armed conflict and
the resulting disability.
Injuries from loading cargo, pushing pallets or getting caught
between cargo pallets are not unique to military service or
combat situations. Therefore, to qualify for CRSC, some combat-
related event must have occurred that caused or aggravated the
injury. An example of a combat-related event could be the
aircraft coming under enemy fire while unloading cargo, causing
the loadmaster to take cover without securing the cargo, and the
cargo pinning the member. Another example of a combat-related
event could be an explosion causing the cargo to become
unsecured and pin the member. After reviewing documentation we
are unable to determine a combat-related event as the cause of
the applicants disabilities.
The Combat-Related Special Compensation (CRSC) program,
established by Public Law (PL) 107-314, provides compensation to
certain retirees with combat-related disabilities. A retired
member of the Uniformed Services must meet each of the four
following conditions to meet the preliminary CRSC criteria:
a. Has 20 or more years of active service in the Uniformed
Services for the purpose of computing the amount of retired pay,
or is entitled to retired pay under section 12731 of Title 10,
United States Code, unless such retirement is under section
12731b of that same title or (the member is retired under
Chapter 61 (disability retired).
b. Is in retired status.
c. Is entitled to retired pay, notwithstanding that such
retired pay may be reduced due to receipt of Department of
Veterans Affairs (DVA) disability compensation.
d. Has qualifying disability ratings (percentages)
[retiree must be entitled to compensation for service-connected
disabilities under 10 USC 38 by the DVA].
Qualifying Combat-Related Disability: Member has
combat-related disabilities (which include any Purple Heart
disabilities) that are compensated by the DVA.
The complete AFPC/DPSDC 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 January 2011 for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit D).
________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force offices of primary responsibility and adopt its
rationale as the basis for our conclusion 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.
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 issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
The following members of the Board considered Docket Number BC-
2010-04640 in Executive Session on 13 September 2011, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 28 Dec 10, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 7 Jan 11.
Panel Chair
AF | BCMR | CY2011 | BC-2011-01511
In support of his appeal, he provides a personal statement; a letter from his civilian medical provider, unsigned, and additional documents. Specifically, in September 2009 and again in May 2011, DPSDC requested in-service medical documents (from the time of the injury in 1972) reflecting a neck injury while flying. The complete AFPC/DPSDC evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...
AF | BCMR | CY2011 | BC-2010-01081
His service-connected medical condition, arthritis of the back and neck and sinusitis (bronchitis) be reevaluated as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibits C. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2012 | BC-2006-03331
DOCKET NUMBER: BC-2006-03331 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to benefits under the Combat-Related Special Compensation (CRSC) program for his medical conditions associated with his foot, knee, shoulder, neck, ribs, and wrists. Compensation ratings Special (CRSC) d. Has qualifying disability The...
AF | BCMR | CY2013 | BC-2012-02351
Office of the Assistant Secretary DEPARTMENT OF THE AIR FORCE WASHINGTON, DC DOCKET NUMBER: BC-2012-02351 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His back injury be changed from non-combat to combat-related, so he may qualify for monetary benefits authorized under the Combat-Related Special Compensation (CRSC) program. ...
AF | BCMR | CY2011 | BC-2011-00990
________________________________________________________________ APPLICANT CONTENDS THAT: He was disability retired with a compensable rating of 30 percent and all of his service, both active and inactive should be credited when computing his retired pay. The board reviewed the narrative summary regarding the member's medical conditions of chronic back and neck pain. Has 20 or more years of active service in the Uniformed Services for the purpose of computing the amount of retired pay, or...
AF | BCMR | CY2011 | BC-2011-00642
During his medical evaluation, the doctor wrote Sustain back injury in flight. He was notified in the same letter that his request for CRSC for his condition of the skeletal system (right knee) and degenerative arthritis of the spine (cervical and lumbar) was denied because his claim did not reference the cause of his right knee condition and how it met the guidelines for CRSC; and his neck and back injury did not contain definitive evidence to confirm his disabilities were the direct...
AF | BCMR | CY2011 | BC-2011-00241
He provided additional information and was subsequently disapproved twice. While the applicants condition meets the VA requirements for service connected compensation, the evidence does not support additional compensation under CRSC. In support of his appeal, the applicant provides a personal statement and extracts from his master personnel record.
AF | BCMR | CY2012 | BC-2012-00492
He should be granted compensation under the CRSC program for his service-connected disability of PTSD. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial of the applicant’s request that his PTSD be approved for CRSC. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...
AF | BCMR | CY2011 | BC-2011-03441
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03441 COUNSEL: NONE HEARING: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be changed to show he qualifies for Combat-Related Special Compensation (CRSC) due to his service connected impaired hearing and tinnitus. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air...
AF | BCMR | CY2012 | BC-2012-00157
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00157 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, impaired hearing and tinnitus, be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In accordance with DD Form 2860, Claim for...