RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02090
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His military record be corrected to reflect the combat related
injury he incurred: Post Traumatic Stress Disorder (PTSD).
________________________________________________________________
APPLICANT CONTENDS THAT:
His record does not contain his combat related injury because it
was not diagnosed until after he retired. His injury was
incurred during Operation Allied Force, in which, he flew 249.7
combat flying hours from 20 April 1999 to 4 May 1999. The
Department of Defense recently changed their position relating
to security clearances. Once he became aware of the change, he
was able to seek treatment without fear of damaging his career.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, a copy of his Department of Veterans Appeals (DAV) rating
decision and other supporting documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 31 May 2003 in the grade of master
sergeant (E-7) after serving 21 years, 2 months and 1 day of
active duty service.
A DVA Rating decision, dated 5 March 2011, indicates the
applicant was granted a rating of 50 percent for his service
connected PTSD.
________________________________________________________________
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.
However, the applicant has not submitted a claim for CRSC as
required by law.
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 applicant has submitted documentation with this application
stating he successfully flew 29 combat missions amassing 249.7
combat flying hours, however, this does not conclusively show
exposure to hostile fire. In accordance with DD Form 2860, Claim for Combat-Related Special Compensation, the fact that a
member incurred a disability 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.
In order to be considered for PTSD under the CRSC program, the
applicant must complete a signed claim form and return to DPSDC.
Based on the documentation submitted with this application,
insufficient documentation has been provided to make a combat
related determination. Accordingly, they are unable to make
formal determination at this time.
The complete DPSDC evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 29 July 2011, for review and comment within 30 days
(Exhibit C). 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 records be amended to reflect
that he incurred a combat related injury of Post Traumatic
Stress Disorder while performing official duties during
Operation Allied Force. The applicant is also seeking to have
his records confirm that his service-connected PTSD qualifies
for benefits under the CRSC Act. However, the applicant has not
submitted a claim, as required by law, for consideration of his
eligibility under the CRSC program. As indicated by AFPC/DPSDC,
the applicant may wish to apply directly to AFPC/DPSDC for
consideration for PTSD under the CRSC program. Therefore, in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought.
________________________________________________________________
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-2011-02090 in Executive Session on 26 March 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 May 11, w/atchs.
Exhibit B. Letter, AFPC/DPSDC, dated 19 Jul 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11.
Panel Chair
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