RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02548 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Combat-Related Special Compensation (CRSC) be increased from 
60 to 70 percent due to his diagnosis of Traumatic Brain Injury 
(TBI). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. He has deployed nine times to the desert which includes 
multiple trips to Saudi Arabia, Kuwait, United Arab Emirates, 
and two tours in Iraq which lasted almost a year and a half. 

 

2. On 1 Mar 09, the Department of Veterans Affairs (DVA) 
approved disability compensation at 60 percent and subsequently 
raised it to 70 percent on 20 Jul 09 due to his diagnosis of 
TBI. 

 

3. On 22 Oct 09, he was approved for CRSC at the 60 percent 
level. On 19 Feb 11, he applied for CRSC at the 70 percent 
level; however, it was disapproved by AFPC, who stated 
“documentation received did not confirm a combat related event 
as the cause of your condition.” His medical records confirm he 
was a highly functioning chief master sergeant (E-9) in the 
United States Air Force (USAF) and had no problems with memory, 
executive thinking or headaches. 

 

4. He was not assigned traditional Air Force duties while 
deployed to Iraq but instead he did “in lieu of missions” 
replacing United States Army (USA) personnel and doing Army 
duties while attached to Army units. During his last tour, he 
was assigned to the 101st Airborne Division in charge of oil and 
electrical infrastructure. His daily duties included conveying 
to outlying sites, inspecting facilities and working with local 
contractors at remote sites to rebuild the infrastructure and 
get the national security team’s number two objective 
“infrastructure” completed.” 

 

5. During his daily convoys, improvised explosive devices (IEDs) 
became second nature along with multiple rocket attacks, mortars 
and constant jarring of his back and neck as his team traveled 
across dirt roads and pot holes for hours at a time, sometimes 


as long as 18 hours. In addition, this was done while wearing a 
heavy helmet and 50 pounds of gear. No matter what the 
challenge, he did his duties with a smile and dedication. 

 

6. He could provide a long list of events he believes 
contributed to his TBI and excruciating/persistent headaches but 
he would like to focus on two: 

 

 a. On 16 Nov 05, while convoying to Darbandikan Hydro Dam, 
Iraq, his convoy was involved in a vehicle accident when a truck 
collided head on with his vehicle. 

 

 b. On 26 Nov 06, while on another convoy from Kirkuk an 
explosion caused him to slam forward hitting his head on the 
dashboard. 

 

In support of his request, the applicant provides a personal 
statement, copies of articles from various periodicals, his DVA 
rating decision and CRSC approval letter, and other 
documentation related to his request. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served active duty in the Regular Air Force from 
19 Sep 78 to 31 Jan 09. On 1 Feb 09, he retired from the Air 
Force, having served 30 years, 4 months and 12 days on active 
duty. 

 

On 22 Oct 09, the applicant was approved for CRSC for post-
traumatic stress disorder (PTSD), impaired hearing and tinnitus. 
He submitted a claim for TBI and his application was denied on 
5 Oct 10. He provided additional documentation but his request 
was again denied on 7 Jan 11 and 19 Feb 11. His application was 
disapproved based on the fact that no evidence was provided to 
confirm his disability was the direct result of armed conflict, 
hazardous service, instrumentality of war, or simulating war. 

 

The CRSC program was established to provide compensation to 
certain retirees with Combat-Related disabilities that qualify 
under the criteria set forth in Title 10, United States Code, 
(10 USC) Section 1413a. 

 

_________________________________________________________________ 

 

 

 

 

AIR FORCE EVALUATION: 

 


AFPC/DPSDC recommends denial. The applicant’s conditions do not 
meet the mandatory criteria for compensation under the CRSC 
program as outlined under the provisions of 10 U.S.C., Section 
1413a. 

 

By law, determinations of whether a disability is combat-related 
will be based on the preponderance of available documentary 
information. All relevant documentary information is to be 
weighed in relation to known facts and circumstances, and 
determinations will be made on the basis of credible, objective 
documentary information in the records as distinguished from 
personal opinion, speculation, or conjecture. 

 

The applicant contends there were two incidents which 
contributed to his TBI. He states he was involved in a vehicle 
accident while on a convoy in Iraq when a truck collided head on 
with their vehicle. Also, on another convoy from Kirkuk an 
explosion caused him to slam forward hitting his head on the 
dashboard. 

 

A review of the applicant’s documentation revealed the 
following: 

 

1) The VA rating decision, dated 12 Apr 10, reflects “you 
reported at examination that headaches developed after blast 
experiences in Iraq.” 

 

2) Medical Record, progress notes, dated 3 Nov 09, reflect the 
applicant said “he has had several different incidents where he 
has been damaged. When he was in the service he was an avid 
bike rider and when he was in Hawaii he was hit by a car in the 
year 2000 and fell across the curb.” 

 

3) “He was in a motor vehicle accident in 2005 in Iraq. He was 
in a humvee and his driver ran into another truck head on and he 
was thrown forward against the radio console.” He stated “an 
IED went off right next to his humvee. It killed his driver and 
left him dazed and spacey. It was after a week or two that his 
head started hurting.” 

 

His DA Form 4187, Personnel Action, confirms, in November 
2005 his convoy came under attack when an IED detonated under 
the back end of the vehicle. However, documentation reflects 
the applicant “was not injured in the accident” and the vehicle 
only sustained minor cosmetic damage. 

 

The applicant’s VA rating decision reflects the condition is 
more likely than not thought to be due to his motor vehicle 
accident and exposure to an IED in Iraq; however, there is no 
evidence of a vehicle accident provided, nor is there 
confirmation he was injured in the IED incident. Documentation 
provided clearly reflects he was not injured in the IED 
accident. In his own statement to a medical examiner, regarding 
his TBI, the applicant stated he was also injured when he was 


hit by a car while riding his bike in Hawaii. It is just as 
likely he sustained the TBI at that time. 

 

DPSDC states that based on the documentation provided they were 
unable to confirm the applicant sustained an injury or incurred 
the condition from a combat-related event. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states he understands the examiner’s perspective; 
however, he disagrees with their rationale and findings. He 
reiterates his contentions that he received several injuries, 
two of which were the cause of his TBI. His headaches are 
documented in 2005; prior to that no headaches existed. None of 
his injuries occurred as a result of his bike accident in 2000. 
During his accident, he was wearing a helmet and did not suffer 
a head injury; he only sustained an injury to his shoulder and 
hip from hitting the curb. 

 

The applicant states that his examinations are riddled with 
statements from licensed and very experienced doctors who have 
voiced their opinion that “this was most likely due to motor 
vehicle accident and IED,” based on a lack of any other possible 
cause. Statements made by the doctors at the time point-out 
those documents from previous medical records were used to 
decide his case. In addition, documents from 30 years of 
medical records, including his bike accident, were reviewed and 
no evidence was found linking any head injuries to any previous 
events. This was all well-documented by a doctor at Tripler 
Regional Hospital, one of the best in the world. If there would 
have been any head trauma it would have been documented. 
Furthermore, there is no history whatsoever of any head trauma 
in his past; this is why the statement was made that it was most 
likely caused by the IED and accident. Up until his tour in 
Iraq he had no headaches; however, after Iraq he has had severe 
headaches that continue to this day. 

 

He has repeatedly asked for copies of the IED and accident 
reports but there is nothing documented. 

 

 

 

The applicant states that he was a highly functioning E-9 at the 
top of his game when it came to executive thinking and memory; 
after the Iraq events, he was rated as “severe to moderate” loss 
of memory, attention and executive thinking skills. 

 

His diagnosis is by several doctors and experts that all agree 
it happened after the 2005 IED and vehicle accident. He has 


persistent headaches that are painful 24 hours a day. He is a 
31 year Air Force veteran with a high level of integrity and is 
being honest about the events that have caused his medical 
conditions. 

 

The applicant’s complete submission is at Exhibit E. 

 

_________________________________________________________________ 

 

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 an error or injustice. The 
evidence of record does not support a finding that the service-
connected medical condition he believes is combat-related was 
incurred as the direct result of armed conflict, while engaged 
in hazardous service; and, therefore, does not qualify for 
compensation under the CRSC Act. We reviewed the applicant’s 
response to the Air Force advisory opinion; however, we do not 
find his contentions sufficiently persuasive to override the 
rationale provided by the Air Force office of primary 
responsibility. Accordingly, 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. 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 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-2011-02548 in Executive Session on 5 Mar 12, under the 
provisions of AFI 36-2603: 


 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 Jun 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. HQ AFPC/DPSDC, Letter, dated 19 Jul 11, w/atchs. 

 Exhibit D. SAF/MRBR, Letter, dated 13 Sep 11. 

 Exhibit E. Applicant’s Letter, dated 12 Oct 11. 

 

 

 

 Panel Chair