RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01293
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect his shoulder and ankle
injuries were incurred during an exercise; and that his service-
connected medical condition, be reevaluated as combat-related in
order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The CRSC law did not exist when he incurred his injuries.
However, they were incurred while he was participating in an
exercise and not as part of his regular duty. When he incurred
his injuries he was in full chemical gear and under conditions
simulating war. He previously applied for CRSC and his claim was
denied due to his injuries not being recorded as combat related.
The Department of Veterans Affairs (DVA) informed him that his
injuries have to be coded as a combat related injury in order to
qualify for CRSC. He incurred these injuries under conditions
simulating combat and instrumentality of war.
In support of his request, the applicant provides documentation
associated with his CRSC application.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Oct 77, the applicant contracted his initial enlistment in
the Regular Air Force. He was progressively promoted to the
grade of staff sergeant, effective and with a date of rank of
1 Apr 83. He was relieved from active duty on 31 Oct 97.
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 Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. The applicant submitted an
application for CRSC for tinnitus, tendon inflammation of the
left elbow and right shoulder, and limited motion of the left
ankle. On 16 Sep 09, his application was partially approved for
tinnitus. He requested reconsideration for his ankle injury and
the Board denied the request on 19 Feb 10 and 15 Sep 10, as no
evidence was provided which confirmed the injuries were the
direct result of armed conflict, hazardous service,
instrumentality of war, or conditions simulating war.
The CRSC program is designed to provide compensation for combat-
related injuries. CRSC program standards are much more rigorous
when determining disabilities under the current criteria. The
CRSC program looks at what caused the condition, the activities
taking place at the time, and the resulting disability. There
are many disabilities that are ineligible for compensation under
the CRSC program per Department of Defense guidance.
The fact that a service member incurred a disability during a
period of armed conflict, in an area of armed conflict, while
participating in combat operations, or during a period of
hazardous service is not sufficient by itself to support a
combat-related determination. There must be a definite,
documented, causal relationship between the armed conflict or
hazardous service and the resulting disability.
Information has not been provided that shows the applicants
injuries were incurred as a direct result of a combat-related
event. The applicants medical conditions do not meet the
mandatory criteria for compensation under the CRSC.
The APFC/DPSDC 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 17 Jun 11 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 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 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, 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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified 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-2011-01293 in Executive Session on 24 Oct 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Mar 11, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 21 Apr 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 11.
Panel Chair
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