DOCKET NUMBER:  BC-2006-03331 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
 
                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
 
   
 
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He  be  entitled  to  benefits  under  the  Combat-Related  Special 
Compensation  (CRSC)  program  for  his  medical  conditions 
associated  with  his  foot,  knee,  shoulder,  neck,  ribs,  and 
wrists.   
 
The  applicant  amended  his  request  for  benefits  under  CRSC  to 
also include tinnitus and gout. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  recalls  in  the  summer  of  1964,  he  stepped  into  an  open 
forward  cargo  hole  of  a  C121  aircraft  that  was  transporting 
troops to Vietnam.  He believes his injuries to his foot, knee, 
shoulder,  neck,  ribs,  and  wrists  entitle  him  to  benefits  under 
CRSC.   
 
In  addition,  in  1962,  the  applicant  worked  outside  on 
C133 aircraft,  where  his  condition  of  tinnitus  developed  from 
his work on the flight line and during engine runs. 
 
In support of his appeal, he provides two personal statements; a 
letter  from  his  military  medical  provider,  unsigned,  and 
additional documents. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A.   
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant was relieved from active duty, on 31 Dec 80, for 
service  retirement.    He  was  credited  with  20 years,  5  months, 
and 2 days of service for retirement. 
 
By correspondence, dated 23 Apr 07, the applicant requested his 
case be administratively closed. 

 
By letter, dated 17 Mar 11, the applicant requested his case be 
reopened, with additional information.  In his request to reopen 
his  application,  the  applicant  amended  his  request  to  include 
CRSC benefits for tinnitus and gout. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPPD  recommends  denial  stating,  in  part,  that  his 
conditions of knee, shoulder, neck, ribs, and wrists do not meet 
the mandatory criteria for compensation under the CRSC program. 
 
The applicant was partially approved, on 6 Oct 06, for Diabetes 
Mellitus.   
 
However,  they  were  unable  to  consider  the  conditions  of  his 
knee,  shoulder,  neck,  ribs,  and  wrists  since  they  were  not 
service-connected.    The  applicant  requested  reconsideration  of 
the  Board's  disapproval  of  compensation  for  these  conditions 
through  his  Member  of  Congress;  however,  his  appeal  was  denied 
on  7  Nov  06.    In  addition,  with  regard  to  the  non-service-
connected  conditions  of  the  knee,  shoulder,  neck,  ribs,  and 
wrists,  they  were  unable  to  evaluate  these  conditions  because 
the  applicant  had  not  been  rated  by  the  Department  of  Veterans 
Affairs (DVA).   
 
program, 
The  Combat-Related 
established by Public Law (PL) 107-314, provides compensation to 
certain  retirees  with  combat-related  disabilities.    A  retired 
member  of  the  Uniformed  Services  must  meet  each  of  the  four 
following conditions to meet the preliminary CRSC criteria: 
 
 
a.  Has 20 or more years of active service in the Uniformed 
Services for the purpose of computing the amount of retired pay, 
or is entitled to retired pay under section 12731 of Title 10, 
United  States  Code,  unless  such  retirement  is  under  section 
12731b  of  that  same  title  or  (the  member  is  retired  under 
Chapter 61 (disability retired). 
 
b.  Is in retired status. 
 
 
 
c.  Is  entitled  to  retired  pay,  notwithstanding  that  such 
retired  pay  may  be  reduced  due  to  receipt  of  Department  of 
Veterans Affairs (DVA) disability compensation. 
 
 
(percentages) 
[retiree must be entitled to compensation for service-connected 
disabilities under 10 USC 38 by the DVA]. 
 
 Qualifying  Combat-Related  Disability:    Member  has 
 
combat-related  disabilities  (which  include  any  Purple  Heart 
disabilities) that are compensated by the DVA. 

Compensation 

ratings 

Special 

(CRSC) 

d.  Has 

qualifying 

disability 

 

 

 
The  complete  AFPC/DPSDC  evaluation,  with  attachments,  is  at 
Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The  applicant  requests  his  case  be  reopened  and  amends  his 
appeal  to  include,  tinnitus  and  gout.    The  applicant  indicates 
that the tinnitus condition developed during years of working on 
C133  aircraft  on  the  flight  line  and  during  engine  runs;  and 
also a result of the fall into the cargo hole. 
 
The condition of gout was due to the injury resulting from his 
fall into an open cargo hole.  He developed pain in his wrists 
first, and then as classic gout with foot pain.  
 
The  applicant’s  complete  response,  with  attachments,  is  at 
Exhibit F. 
 
________________________________________________________________ 
 
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.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, 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  addition, 
subsequent  to  the  Air  Force  evaluation,  we  learned  that  the 
applicant’s request for CRSC benefits for foot pain was approved 
with  a  compensable  rating  of  10  percent.    Further,  his 
conditions of the knee, shoulder, neck, ribs, wrists, tinnitus, 
and  gout  were  denied  since  they  were  not  deemed  service-
connected  by  the  DVA.    CRSC  benefits  are  granted  on  the  basis 
that  a  veteran  is  receiving  compensation  from  the  DVA  for 
service-connected  disabilities  that  has  been  deemed  combat-
related by the Air Force.  Therefore, in the absence of evidence 
to the contrary, we find that relief beyond that already granted 
administratively is not warranted. 
 
________________________________________________________________ 
 

 

 

The following members of the Board considered Docket Number BC-
2006-03331  in  Executive  Session  on  2  February  2012,  under  the 
provisions of AFI 36-2603: 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 22 Oct 06, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPPD, dated 13 Feb 07, w/atchs. 
    Exhibit D.  Letter, SAF/MRBR, dated 23 Feb 07. 
    Exhibit E.  Letter, AFBCMR, dated 26 Apr 07. 
    Exhibit F.  Letter, Applicant, dated 17 Mar 11, w/atchs. 
 
 
 
 
                                   Panel Chair