RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03694 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His service connected disability be re-evaluated under the 
Combat Related Special Compensation (CRSC) program. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was injured during a field training exercise with the 
39th Security Forces Squadron. The squadron was conducting fire 
and maneuver exercises and team movement in the Victor loop 
training area when he stepped into a hole and twisted his 
greater right toe. He was transported to the hospital in a 
government vehicle/patrol car. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired 31 December 2003 in the grade of technical 
sergeant. 

 

A Department of Veterans Affairs (DVA) rating decision dated 
7 May 2004 listed the applicant’s degenerative osteoarthritis, 
right great toe with mild bunion deformity as service-connected 
and granted a 10 percent evaluation for disability compensation. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit B. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSDC recommends denial. The applicant submitted a claim 
for CRSC for his toe, hypertension, gastritis with ulcer and 
left shoulder which was disapproved on 25 February 2009. He 


requested reconsideration of the Board’s disapproval for his toe 
and that request was denied on 20 September 2010. There was no 
evidence provided to confirm the applicant’s disability was the 
direct result of an armed conflict, hazardous service, or due to 
an instrumentality of war or simulating war. 

 

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. 

 

If the veteran satisfies the preliminary CRSC criteria, the 
claim is reviewed for combat-related determination. By law, 
there must be objective documentary evidence, and the military 
departments will determine whether a disability is combat-
related under armed conflict, hazardous service, simulating war 
or instrumentality of war, using the definitions and criteria 
set forth. 

 

The DVA awards service connected disabilities based on their 
standards. They resolve doubt in the interest of the veteran 
and grant service connection for injuries or diseases incurred 
while in service. While service connection for disabilities is 
required for initial eligibility for CRSC consideration, CRSC 
criteria is more stringent and requires documentation to support 
a qualifying combat-related event as the direct cause of the 
disability. 

 

In his original claim and his request for reconsideration, the 
applicant stated he injured his toe during a training exercise. 
On the attached DD Form 149, Application for Correction of 
Military Record Under the Provisions of Title 10, U.S. Code 
Section 1552, he states he stepped into a hole and twisted his 
toe during a field training exercise. He provided a medical 
document dated 27 September 1993 which reflects “twisted right 
toe when he stepped in hole.” 

 

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

 

The fact that the member incurred a disability during a period 
of simulating war or in an area of simulated armed conflict or 
while participating in simulated operations is not sufficient by 
itself to support a combat-related determination. There must be 
a definite, documented, casual relationship between the 
simulated armed conflict and the resulting disability. In other 
words, just because the individual is injured during an 
exercise, that injury, is not automatically approvable for CRSC. 


 

An example of a potentially approvable simulating war scenario 
is: A member is portraying an escaping prisoner-of-war during 
an escape and evasion scenario while in survival training. 
Member is aggressively being pursued by the “enemy,” at night, 
while running through the forest. Member trips over a log and 
breaks his wrist. An example of a disapproved simulating war 
scenario is: A member is conducting perimeter patrol during an 
exercise, at night, when he trips in a rut on the road and 
breaks his wrist. While the applicant’s documentation confirms 
he injured his toe when he stepped into a hole, there is no 
confirmation an active combat exercise was the direct cause of 
his injury. 

 

The applicant’s condition does not meet the mandatory criteria 
for compensation under the CRSC program as outlined under the 
provisions of Title 10 U.S.C, Section 1413a. The documentation 
submitted does not confirm a combat related event was the cause 
of injury to his toe. 

 

The complete DPSDC evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant explains he was assigned to the 39th Security 
Forces Squadron; a unit that regularly conducted Operational 
Readiness Exercises. On 27 September 1993, around 0100, they 
were conducting night time operations. The scenario consisted 
of an enemy force, known as Op4, penetrating a section of the 
fence leading to the Airfield. Op4 was armed with heavy weapons 
and small arms. His team made contact with the enemy force and 
engaged the enemy or a fire started. The mission was to retake 
the area of operation from Op4, destroy or capture the enemy 
force and regain the Airfield. 

 

He was a squad leader and his squad consisted of three fire 
teams. They were armed with heavy weapons and small arms. They 
were conducting fire and maneuver exercises and team movements 
on the enemy position. They aggressively assaulted the enemy 
position using fire power and quick team movements. As he was 
firing and moving with one of his teams, he stepped into a hole 
and heard a loud crack. He did a quick visual of his team and 
everyone seemed fine. 

 

As he attempted to move with one of the fire teams he could not 
move his right foot. He looked down and his foot was in a hole. 
As soon as he realized his foot was in this hole, it seemed like 
it had its own heartbeat. He could not walk without a lot of 
pain, so he crawled to keep up with his fire teams. They 
destroyed the enemy and secured the installation. He was 
transported to the hospital from the training area in a 
government vehicle/patrol car. 


 

The applicant’s complete response is at Exhibit D. 

 

________________________________________________________________ 

 

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. After a 
thorough review of the applicant’s submission, to include his 
response to the Air Force advisory and the evidence of record we 
do not find the applicant’s service-connected medical condition 
was the direct result of an armed conflict, while engaged in 
hazardous service, in the performance of duty under conditions 
simulating war, or through an instrumentality of war. The 
applicant contends that he was injured as he stepped in a hole 
while firing and moving. However, we do not find the 
applicant’s uncorroborated contention persuasive enough to 
override the position of the Air Force office of primary 
responsibility. As such, we adopt their rationale as the basis 
for our conclusion that the applicant’s condition does not meet 
the mandatory criteria for compensation under the CRSC program. 
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-2012-03694 in Executive Session on 16 May 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 


 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03694 was considered: 

 

 Exhibit A. DD Form 149, dated 30 Jul 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSDC, dated 10 Sep 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 25 Sep 12. 

 Exhibit D. Letter, Applicant’s Response, dated 13 Oct 12. 

 

 

 

 

 

 Panel Chair