RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03871
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to benefits under the Combat-Related Special
Compensation (CRSC) program for his service-connected medical
conditions.
________________________________________________________________
APPLICANT CONTENDS THAT:
His personnel record was never reviewed to have his conditions
added.
He has been applying to the Air Force and the Department of
Veterans Affairs (DVA) to have his conditions rated as combat-
related.
In support of his appeal, he provides excerpts from his
personnel records and DVA documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 29 Apr 97, the applicants name was placed on the Temporary
Disability Retired List (TDRL) with a compensable disability
rating of 30 percent. His disabilities were deemed as
noncombat-related. He was credited with 14 years, 5 months, and
1 day of active duty service.
According to information provided by the Air Force office of
Primary Responsibility (OPR), from the DVA Regional Office,
dated 15 Sep 09, the DVA rated the applicant with a compensable
disability rating of 100 percent for Psychotic Disorder and
10 percent for chronic back strain.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPFDC recommends denial. These conditions did not meet the
mandatory criteria for compensation under the CRSC program as
outlined under the provisions of Title 10 U.S.C. § 1413a, and
the Office of the Under Secretary of Defense (OUSD) Guidance.
The documentation provided did not reflect a combat-related
event as the direct cause of the applicants medical conditions.
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.
In his original request, the applicant reflects his psychotic
disorder was incurred as the result of an instrument of war
during the Gulf War while conducting jet engine intermediate
maintenance. In his subsequent request, he contends he was
"injured during a field training exercise" and that he "went to
war back in the spring of 1991, fixing aircraft at Carswell
A.F.B. Texas." Per the OUSD Guidance, determinations of whether
a disability is combat related will be based on the
preponderance of the available documentary information. All
relevant documentary information is to be weighed in relation to
known facts and circumstances, and determinations will be made
on the basis of credible, objective documentary information in
the records as distinguished from personal opinion, speculation,
or conjecture.
Furthermore, in accordance with DD Form 2860, Claim/of Combat-
Related Special Compensation (CRSC), the fact that a member
incurred a disability during a period of simulating war, in an
area of simulated armed conflict, while participating in
simulated combat operations, or while participating in (or in
support of) 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/simulated armed conflict and the resulting disability.
Similarly, to be approved for CRSC under the Instrumentality of
War criteria there must be a direct, documented, causal
relationship between the Instrumentality of War and the
resulting disability (injury must be caused by the
Instrumentality of War itself). Simply performing maintenance
on a military aircraft, without documentation confirming a
combat related scenario as the direct cause of a specific injury
would not be approvable for CRSC. Documentation provided does
not reflect a combat-related event as the direct cause of the
applicants medical conditions.
The complete DPFDC 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 10 Jan 14 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 timely filed.
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 the
rationale expressed 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-
2013-03871 in Executive Session on 8 Jul 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2013-03871 was considered:
Exhibit A. DD Form 149, dated 13 Aug 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPFDC, dated 27 Sep 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
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