RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03552
	XXXXXXX		COUNSEL:  NONE
			HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

His diagnosis of Post-Traumatic Stress Disorder (PTSD) be 
assessed as combat-related in order for him to receive 
compensation under the Combat-Related Special Compensation 
(CRSC) Act.

________________________________________________________________

APPLICANT CONTENDS THAT:

His PTSD is a result of his combat experience in Vietnam while 
serving in the Army prior to enlisting in the Air Force.

In support of his request, the applicant provides copies of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge; code sheet from Department of Veteran 
Affairs (DVA) decision letter, excerpts from his military 
personnel records, excerpts from his medical records, and the 
cover page from his DVA decision letter. 

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Army on 9 Nov 65 until 8 Nov 68, when he was honorably 
discharged upon the expiration of his term of service and 
transferred to the Ready Reserve.  He was credited with 
11 months and 25 days of foreign service during this period.

On 3 Oct 06, the applicant was released from the Air Force 
Reserve and placed on the Retired Reserve List.  He was credited 
with 23 years of total active service.

On 20 Jan 11, the applicant’s CRSC application was approved for 
his residual of lung surgery (lung cancer) and his 
atherosclerotic heart disease, effective 1 Jun 10, at a 
20 percent combined rating.

On 22 Aug 11, a DVA rating decision listed the applicant’s PTSD 
as service-connected with a 30 percent disability rating, 
effective 13 Dec 10.  

On 19 Sep 11, the applicant’s subsequent CRSC application for 
impaired hearing and tinnitus was disapproved.  The DVA did not 
find his conditions service-connected.

On 14 Nov 11, the applicant’s CRSC application for PTSD was 
disapproved, because the applicant failed to provide sufficient 
documentation confirming he was exposed to hostile fire and the 
location and dates he was in Vietnam.  

On 23 Feb 12, the applicant’s CRSC reconsideration request for 
PTSD was disapproved, as the documentation he provided did not 
confirm he was directly exposed to gunfire or mortar attacks, or 
reflect any other combat-related event as the cause of his 
condition.  Supporting documentation from the National Personnel 
Records Center (NPRC) was requested on the applicant’s behalf 
but was not available.

On 19 Mar 12, his reconsideration request was denied because the 
DD Form 214 showing his Vietnam Service Medal (VSM) and Vietnam 
Campaign Medal (VCM) did not confirm the location or dates he 
was there.

On 22 Jul 13, the applicant’s reconsideration request submitted 
on 14 Mar 13, was denied because he submitted no new information 
to warrant approving his PTSD for CRSC.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial, indicating the applicant’s claim 
does not meet the mandatory criteria for compensation under the 
CRSC program as outlined under Title 10 USC § 1413a and Office 
of the Under Secretary of Defense (OUSD) Guidance.  The 
supporting documentation provided does not confirm an enemy 
attack on the locations where the applicant was stationed, nor 
is there confirmation the applicant was directly exposed to 
hostile fire or explosions.

The CRSC program was established to provide compensation to 
certain retirees with combat-related disabilities that qualify 
under established criteria.  If the veteran fails to satisfy the 
preliminary CRSC criteria, no further consideration by their 
service department is required and the claim will be denied 
accordingly.  If the veteran satisfies the preliminary CRSC 
criteria, the claim is reviewed for combat-related 
determination.

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.  CRSC guidance requires objective 
documentary evidence in order to support a combat-related 
determination.  Military Departments will determine whether a 
disability is combat-related using the definitions and criteria 
set forth in DD Form 2860, Claim for Combat-Related Special 
Compensation (CRSC), Appendix A. 

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.  When applicants are unable to provide supporting 
documents clearly referencing exposure to hostile fire, the 
board must search for another connection.  For those stationed 
in Vietnam, the board seeks supporting documents confirming the 
applicant’s specific location and dates they were in Vietnam.  
If supporting documents confirm the base the applicant was 
stationed at sustained an enemy attack, they can substantiate 
support for PTSD.  If not, and the applicant does not provide 
some other means for confirmation of exposure to hostile fire, 
they are unable to substantiate a connection to a direct combat-
related event.

A complete copy of the DPFDC evaluation, with attachments, is at 
Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his original request that his PTSD 
should be approved for CRSC reimbursement in accordance with PL 
107-314 and OUSD guidance.  The DVA awarded him 30 percent 
disability for PTSD and the medical diagnosis code used was 
9411 (Combat Fear-Easing Standard).  His DD Form 214 identified 
him as spending 11 months and 25 days in Vietnam as well as him 
receiving Vietnam medals.  He mentions that the Long Binh 
Ammunition Dump was blown up in mid-Jan through mid-Feb 68 and 
his medical records confirm his injury treatment during this 
timeframe.  He believes his records confirm his location and 
corroborate the stressor in support of his combat connected 
PTSD.  

Additionally, his Vietnam duty was served with the Army not the 
Air Force and the chronology of attacks used to identify attack 
locations and dates were for ten Air Force operating bases only.  
Lastly, he provides a copy of the History of the 104th Engineer 
Company (Dump Truck) 1966-1971 that gives a chronology of events 
during his time in Vietnam.  The 104th was awarded the Commander 
Unit Commendation for meritorious conduct in connection with 
military operations against hostile forces from 8 Dec 67 to 
18 Feb 68 (Exhibit E).
________________________________________________________________



THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  The 
available evidence of record does not support a finding that the 
applicant's service-connected medical condition of PTSD 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, it does not qualify for compensation under the 
CRSC Act.  While the applicant states his disability was 
incurred as a result of armed conflict in Vietnam, as pointed 
out by the Air Force Office of Primary Responsibility (OPR), the 
available evidence does not confirm an enemy attack on the 
locations where the applicant was stationed.  Therefore, we do 
not find his assertions and evidence, in and by themselves, 
sufficiently persuasive to override the rationale provided by 
the Air Force OPR.  Therefore, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt the rationale expressed as the basis for our 
conclusion 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.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2013-03552 in Executive Session on 8 Jul 14, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member


The following documentary evidence pertaining to AFBMCR Docket 
Number BC-2013-03552 was considered:

	Exhibit A.  DD Form 149, dated 26 Jul 13, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, AFPC/DPFDC, dated 17 Sep 13, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.
	Exhibit E.  Letter, Applicant, dated 2 Feb 14, w/atchs.




                                  xxxxxxxxxxxx 
                                  Panel Chair