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AF | BCMR | CY2013 | BC 2013 03871
Original file (BC 2013 03871.txt) Auto-classification: Denied

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

________________________________________________________________

STATEMENT OF FACTS:

On 29 Apr 97, the applicant’s 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 applicant’s 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 
applicant’s 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.  Applicant’s 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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