RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01779
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His military record be corrected to reflect the combat related
injuries he incurred while performing duties in Vietnam.
________________________________________________________________
APPLICANT CONTENDS THAT:
His Vietnam venture began in 1970 on the borders of Cambodia.
The mission lasted about 60 days. At least five fellow soldiers
were killed and others lost limbs. They walked for miles and
often through water that was waist high. They were dirty and
subjected to skin rashes and insect bites. Many of his fellow
soldiers were killed: one was decapitated trying to jump from a
helicopter, others were killed during fights and building
bunkers.
He was very excited about serving his country but feels he
should be compensated for his physical and mental disabilities.
He is applying for combat related special compensation (CRSC)
and needs this as evidence to support his claim.
In support of his request, the applicant provides a personal
statement and copies of his DD Form 214, Certificate of Release
of Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 January 2005 in the grade of master
sergeant (E-7).
A DVA Rating decision, dated 21 June 2007, indicates the
applicants conditions of bursitis for his right elbow, bleeding
ulcer, rash in groin, bursitis left elbow and tuberculosis were
not service connected. He was awarded a temporary evaluation of
100 percent for his hospitalization for post traumatic stress
disorder (PTSD) effective 12 December 2006. An evaluation of
30 percent was assigned as of 1 February 2007.
The applicant applied for CRSC and on 26 March 2010, his request
was denied. HQ AFPC/DPSD found there was no indication of a
combat related stressor. The applicant requested
reconsideration and on 5 October 2010 and 24 March 2011, his
requests were denied. While it was found his PTSD was related
to his time on active duty, DPSD explained that PTSD does not
automatically qualify his disability as combat related. They
also informed the applicant that their standards were much more
rigorous when determining disabilities under current criteria.
They also found the applicant submitted no new information to
substantiate his request for the CRSC.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. The CRSC program was established
to provide compensation to certain retirees with combat-related
disabilities under Title 10 U.S.C, Section 1413a. If the
veteran does not satisfy the preliminary CRSC criteria, no
further consideration is required and the claim is denied.
The VA awards service connected disabilities based on their
standards. While service connected disability is required for
initial legibility for CRSC consideration, CRSC criteria is more
stringent and requires documentation to support a qualifying
combat-related event as the direct cause of a disability.
The applicants condition does not meet the mandatory criteria
for compensation under the CRSC program. There is no
documentation confirming his exposure to hostile fire.
The complete DPSDC evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 November 2011, for review and comment within
30 days (Exhibit D). As of this date, this office has not
received a 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 applicant
has requested that his service medical records be amended to
reflect that he incurred injuries while performing official
duties in Vietnam. It appears the applicant is seeking to have
his medical records confirm that his service-connected PTSD
qualifies for benefits under the CRSC Act. However, we do not
find the evidence submitted is sufficient to conclude 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. As such, 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. 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 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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01779 in Executive Session on 5 March 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-01779 was considered:
Exhibit A. DD Form 149, dated 1 Apr 11, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 2 Nov 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 10 Nov 11.
Panel Chair
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