RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-00492
IN THE MATTER OF:
COUNSEL: NO
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected disability of Post-Traumatic Stress
Disorder (PTSD) and entitlement to special monthly compensation
be reevaluated under the Combat-Related Special Compensation
(CRSC) program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While stationed in Korea, he witnessed soldiers who were killed,
wounded, and mutilated. He should be granted compensation under
the CRSC program for his service-connected disability of PTSD.
In support of his request, the applicant provides copies of DD
Form 214 (Army), Report of Separation from the Armed Forces of
the United States; an information paper on the Korean Service
Medal; and his Department of Veteran Affairs (DVA) Rating
Decision, dated 30 August 2011.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserve with
prior service in the United States Army. He served during the
Korean Conflict while in the Army. He was transferred to the
Retired Reserve effective 23 April 1990 in the grade of master
sergeant (E-7).
The applicant submitted a claim for CRSC for impaired hearing and
tinnitus and was approved on 15 June 2006. He submitted a
subsequent request for PTSD but was disapproved on 20 October
2011. The applicant requested reconsideration of the board’s
disapproval, but the request was denied on 31 January 2012.
According to the applicant’s DVA Rating Decision, dated 20 August
2011, the DVA granted service connection for PTSD with a
disability rating of 30 percent; and, Bilateral Moderate
Sensorineural Hearing Loss with a disability rating of
10 percent.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial of the applicant’s request that his
PTSD be approved for CRSC. DPSDC states his condition does not
meet the mandatory criteria for compensation under the CRSC
program as outlined under the provisions of Title 10, United
States Code (USC), Section 1413a.
The applicant’s claims he participated in-country Korea during
the Korean War. In his appeal, the applicant indicates he
“witnessed soldiers who were killed, wounded, mutilations.” The
applicant’s DVA appeal indicates he witnessed the death of a
soldier and reported daily witnessing of wounded soldiers; others
being injured and others killed. In accordance with DD Form
2860, Claim for Combat-Related Special Compensation (CRSC), the
fact that a member incurred a disability in an area of armed
conflict or while participating in combat operations 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 DVA’s
decision to grant the applicant service connection does not
automatically qualify a disability as combat-related under the
CRSC program. When making combat-related determinations for
PTSD, under the Armed Conflict criteria, the board looks for
instances of direct combat exposure, such as direct exposure to
gunfire or mortar attack. PTSD “stressors” attributed to death
of individuals, where the member was not directly involved in the
event that caused the death(s), do not qualify for CRSC.
DPSDC indicates the available documentation does not confirm the
applicant was exposed to hostile fire.
The complete DPSDC evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 17 April 2012 for review and comment within 30 days (Exhibit
D). As of this date, this office has received no response.
_________________________________________________________________
2
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 available
evidence of record does not support a finding that the service-
connected medical condition the applicant believes is combat-
related was 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, does not qualify for compensation under the
CRSC Act. 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
________________________________________________________________
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 Docket Number BC-
2012-00492 in Executive Session on 13 November 2012, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
3
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00492 was considered:
Exhibit A. DD Form 149, dated 9 Feb 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 11 Apr 12, w/atchs.
Exhibit D. Letters, SAF/MRBR, dated 17 Apr 12.
Panel Chair
4
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