RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01329
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His AF Form 618, Medical Board Report, be changed in Block 
23, Diagnosis and Findings, Items 1 and 3, under “Permanently 
Aggravated by Service,” to reflect “Yes” rather than “No.”

2.  His service-connected knee conditions be assessed as combat 
related in order to qualify for compensation under the Combat-
Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

He has been denied benefits under the CRSC program due to errors 
in his record.  The documentation clearly shows his knees were 
fine when he entered the Air Force, but they were not when he 
was discharged.  The Medical Board report states that his 
disability was not service connected.

His DD Form 4, Enlistment Contract – Armed Forces of the United 
States, Line 25, Physical Profile, was stated as “1 1 1 1 1 1 Y 
2” which means he was in perfect physical condition, with no 
problems with his knees.  Yet, his profile on his AF Form 618, 
states “2 1 3 1 1 X 3” which means his condition was permanently 
aggravated by service.  His medical record states he injured his 
knees while performing duties on USAF Aircraft Survival Kits, 
while on active duty in 1979.

A letter from the Department of Veterans Affairs (DVA), dated   
17 Jan 01, certifies that they consider him to be totally and 
permanently disabled because of service-connected disabilities.  

In support of his request, the applicant provides copies of his 
AF Form 618, DD Form 4, a letter from the DVA, and medical 
documents.

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

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STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air Force 
from 15 Nov 74 to 12 May 83, as an aircrew life support 
specialist.

On 1 Jan 86, he was medically retired with a 40 percent 
disability rating after completing 8 years and 28 days of total 
active service

On 17 Jun 08, the applicant’s original request for CRSC for his 
knees and several other conditions was disapproved.  He 
requested reconsideration of the Board’s disapproval, but was 
denied on   18 Aug 08, 23 Jul 09, 4 Sep 09, 23 Nov 10, and 24 
Mar 11.

Additional relevant facts pertaining to this application are 
contained in the evaluation prepared by the appropriate office 
of the Air Force found at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSDC recommends denial.  DPSDC states the applicant’s knee 
conditions do not meet the mandatory criteria for compensation 
under the CRSC program as outlined under the provisions of Title 
10, United States Code, Section 1413a. 

Additionally, service-connection by the DVA is not sufficient to 
support a combat-related determination.  The documentation 
provided does not reflect a service combat-related event as the 
direct cause of the applicant’s knee conditions.

In accordance with DD Form 2860, Claim for Combat-Related 
Special Compensation (CRSC), the fact that the applicant 
incurred a disability 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.  There must be a definite, 
documented, causal relationship between the armed conflict and 
the resulting disability.  

The applicant is under the mistaken belief that simply because 
the DVA has “service-connected” his knee conditions, he should 
be approved for CRSC.  For “service-connection” through the DVA 
a member need only have had a condition/disability manifest 
while the member was in service or within one-year of 
separation/retirement.  The intent of the CRSC program was never 
to approve all service-connected disabilities for additional 
“combat” compensation; but rather to allow for additional 
compensation for those individuals who meet specific “combat-
related” criteria.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He has never hidden the fact he had a knee injury prior to his 
Air Force career.  His knee was surgically repaired and when he 
completed his physical, doctors found nothing wrong with it.  He 
received all “1’s” on his induction profile, as his knee was in 
perfect condition upon his enlistment.

His duties as an aircrew life support specialist aggravated both 
of his knees.  He was discharged in 1983 with damage to both 
knees, not just the one with the previous football injury.

His Narrative Summary clearly states…”This active duty Air Force 
Staff Sergeant presents with complaints of knee pain and 
swelling.  The patient is employed in the Air Force in aircraft 
maintenance and works with packing of survival gear, which 
requires frequent kneeling on his knees in line of his 
employment.”  It clearly states he was injured while working on 
an instrumentality of war.  He was working on F-4 fighters, KC-
135 tankers, and C-130’s at the time.  The Review Boards office 
seems to be fixated on the fact he had a prior injury.

The applicant's complete submission, with attachment, is at 
Exhibit E.

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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 
available evidence of record and the documentation provided by 
the applicant does not support a finding that his service-
connected knee conditions he 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.  While the applicant contends he has been denied benefits 
under the CRSC program due to errors in his record; and 
challenges the CRSC Board’s decision, we do not find his 
assertions and documentation, in and by themselves, sufficiently 
persuasive to override the rationale provided by the Air Force 
office of primary responsibility (OPR).  Accordingly, we agree 
with the opinion and recommendation of the Air Force OPR and 
adopt the rationale expressed as the basis for our conclusion 
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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material 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.

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The following members of the Board considered Docket Number    
BC-2011-01329 in Executive Session on 13 Sep 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 Apr 11, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSDC, dated 2 May 11, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 20 May 11.
    Exhibit E.  Letter, Applicant, dated 7 Jun 11, w/atch.




								
								Panel Chair
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