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AF | BCMR | CY2011 | BC-2011-01293
Original file (BC-2011-01293.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 
injuries were incurred as a direct result of a combat-related 
event. The applicant’s 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. Applicant’s 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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