RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01516
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be entitled to benefits under the Combat-Related Special 
Compensation (CRSC) program for his medical conditions 
associated with application to the Board, AFBCMR Docket No.   
BC-1991-01283 and Special Order (SO) ACD-272.  

________________________________________________________________

APPLICANT CONTENDS THAT:

All of his conditions should be rated as combat-related; 
including those conditions granted when the Board corrected his 
record to have his name placed on the Temporary Disability 
Retired List (TDRL) and the diagnosis in his case was “severe, 
recurring attacks, with intermittent relief, associated with 
degenerative disc disease,” rated at 30 percent.

He had problems trying to explain to the Department of Veterans 
Affairs (DVA) why SO ACD-272, issued in conjunction with his 
reevaluation by the Informal Physical Evaluation Board (IPEB) in 
Oct 93, does not show his disability as combat related.

In support of his appeal, he provides copies of his CRSC award 
package, dated 8 Aug 08.

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

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STATEMENT OF FACTS:

On 4 May 90, the applicant was discharged with severance pay 
with a compensable disability rating of 20 percent.  He was 
credited with 8 years, 10 months, and 4 days of active duty 
service.


On 11 Jul 91, the Board corrected his record to show that he was 
not discharged on 4 May 90 for physical disability with 
entitlement to disability severance pay, but on 5 May 90, his 
name was placed on the TDRL and the diagnosis in his case was 
severe, recurring attacks, with intermittent relief, associated 
with degenerative disc disease, VA Code d.c. 5993 and 5293, 
rated at 30 percent.

On 3 Apr 92, while being retained on the TDRL the applicant was 
reevaluated by the Informal Physical Evaluation Board (IPEB).  
The IPEB diagnosed the applicant with: Low back pain and pain 
both legs associated with lumbar 5299 - arachnoiditis, status 
post multiple surgical procedures, 5293 including Sep 90 L4-5 
lumbar 1iminectomy and discectomy, Jan 91 L2-3 decompressive 
laminectomy, Jan 92 implantation of nerve stimulator and Jul 92 
implantation of infusion pump for intrathecal morphine therapy.  
The IPEB recommended the applicant be permanently retired with a 
compensable disability percentage of 60.

On 19 Nov 93, in accordance with SO ACD – 272, dated 9 Nov 93, 
the applicant’s name was removed from the TDRL and he was 
permanently disability retired with a compensable disability 
percentage of 60.  His disabilities were deemed as noncombat-
related.  He was credited with 8 years, 10 months, and 25 days 
of active service for pay.

In Jul 08, the applicant applied to the Board to have his 
disabilities rated as combated-related.  However, on 27 Aug 08, 
the applicant received approval from the CRSC office for his 
diagnosis of Vertebral Fracture and Dislocation and his record 
was administratively corrected without referral to the Board.  

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AIR FORCE EVALUATION:

AFPC/DPFD recommends denial stating, in part, that the 
preponderance of evidence reflects that no error or injustice 
occurred during the disability process.  The IPEB and the AFBCMR 
both determined that the applicant's condition was not 
considered to be combat related.

However, the CRSC office uses their own guidance when 
approving/disapproving conditions as combat related which can 
result in a different finding/rating from the Medical Review 
Boards or other agencies.  CRSC uses Public Law 107-314, Dec 02, 
directive Type Memorandum, Office of the Under Secretary of 
Defense, dated Apr 01, Section 1413a, Title 10 USC, Revised 
Guidance, Jan 04 and DD Form 2860, Claim for Combat Related 
Special Compensation, Appendix A.

The IPEB reviewed the applicant's case on 26 Feb 90 for 
Somatoform pain disorder with mild social and industrial 
impairment, VA code 9402.  The IPEB recommended discharge with 
severance pay with a disability rating of 10 percent.  The 
applicant requested a formal hearing and on 23 Mar 90, the FPEB 
recommended discharge with severance pay with a disability 
rating of 20 percent for chronic, moderate myofascial pain 
syndrome, associated with degenerative disc disease VA Codes 
5003-5293.  

The injury to the applicant's lower back was in Apr 87 during a 
field exercise in the obstacle course at Davis-Monthan AFB.  
Neither the IPEB nor the FPEB found the condition to be training 
for war games or combat related.  On 30 Jul 91, the Board 
directed that the applicant be placed on the TDRL with a 
disability rating of 30 percent for chronic, severe myofascial 
pain syndrome, associated with degenerative disc disease using 
VA Codes 5003-5293.  The Board did not deem the condition to be 
combat-related.

The complete DPFD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 Jul 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(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.  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.  Therefore, in 
view of the above and in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application.

________________________________________________________________

The following members of the Board considered Docket Number BC-
2013-01516 in Executive Session on 20 Feb 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Feb 13, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFD, dated 5 Jun 13.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jul 13.




                                   Panel Chair