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AF | BCMR | CY2013 | BC 2013 03982 (2)
Original file (BC 2013 03982 (2).txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03982

	  		COUNSEL:  NONE

			HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, Psychotic Disorder/ 
Schizophrenia, be reevaluated as combat-related in order to 
qualify for compensation under the Combat Related Special 
Compensation (CRSC) Act. 

________________________________________________________________

APPLICANT CONTENDS THAT:

While serving in Vietnam, he had to be removed from combat 
because of his schizophrenia.  His medical condition is related 
to being in an hostile environment in a combat mode daily, to 
include being in the combat setting of shooting, being shot at, 
and the constant bombing and news of many being killed on a 
daily basis.

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

________________________________________________________________

STATEMENT OF FACTS:

On 10 Aug 67, the applicant commenced his enlistment in the 
Regular Air Force.

On 23 Jul 70, the applicant underwent a medical evaluation board 
(MEB) for mental illness.  He was diagnosed with schizophrenic 
reaction, paranoid type, chronic, moderate, in partial remission 
as manifested by loose associations, paranoid ideations, extreme 
feelings of hostility and anxiety; heart murmur, and acne.  The 
MEB referred the applicant’s case to the Physical Evaluation 
Board (PEB).

On 3 Aug 70, the PEB diagnosed the applicant with schizophrenic 
reaction, chronic, paranoid type, definite impairment of social 
and industrial adaptability.  The PEB recommended placement on 
the temporary disability retirement list (TDRL) with a 
30 percent disability rating.  On 6 Aug 70, the applicant 
concurred with the findings and recommendation of the PEB.  On 
29 Aug 70, the applicant was placed on the TDRL with a 
30 percent disability rating.

On 29 Feb 72, the applicant underwent a TDRL reevaluation.  He 
received a diagnosis of schizophrenic reaction, paranoid type, 
chronic, definite impairment of social and industrial 
adaptability and a recommendation to be retained on the TDRL 
with a 30 percent disability rating.  On 11 Apr 72, the 
Secretary of the Air Force (SAF) directed the applicant be 
retained on the TDRL.

On 28 Aug 73, the applicant underwent a second TDRL revaluation 
which determined his medical condition had not improved and that 
he be retained on the TDRL with a 30 percent disability rating. 
On 15 Oct 73, the SAF retained the applicant on the TDRL.

On 27 Dec 08, according to documentation provided by the 
applicant, the DVA diagnosed the applicant with psychotic 
disorder with a 50 percent disability rating, effective 15 Jul 
08.  The DVA determined applicant’s symptoms did not meet the 
criteria for Schizophrenia.

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

The applicant submitted a claim for CRSC for his Psychotic 
Disorder/Schizophrenia.  On 6 Mar 09, the CRSC Board denied his 
request noting there was no evidence to confirm his Psychotic 
Disorder was the direct result of a combat related event or 
events.  The applicant twice appealed the CRSC Board’s decision 
and his appeals were denied on 18 Mar 13 and 2 Jul 13.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial noting the applicant’s medical 
condition does not meet the mandatory criteria for compensation 
under the CRSC program.  The documentation provided does not 
confirm the applicant’s mental health condition was the direct 
result of a combat related event.

Although the applicant was diagnosed with schizophrenia, the DVA 
changed his medical condition to psychotic disorder.  The 
applicant was not diagnosed with post-traumatic stress disorder 
(PTSD).  In order for a mental health condition to be approved 
for CRSC, the Board looks for documentation showing a direct 
link to a combat related factor rather than from routine causes 
or an individual’s particular physical make up.  The applicant’s 
request did not contain any definitive evidence to confirm his 
schizophrenia or psychotic disorder were the direct result of a 
combat related event._

The DVA awards serviced-connected disabilities based on their 
standards.  The DVA resolves doubt in the interest of the veteran 
and grants service connection for injuries or diseases incurred 
while in the service.  While service connection is required for 
initial eligibility for CRSC consideration, CRSC guidance requires 
objective documentary information in order to support a combat 
related determination.  Each service 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).

A complete copy of the AFPC/DPFDC evaluation is at Exhibit C. 

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 31 Mar 14, for review and comment within 30 days (Exhibit C).  
As of this date, no response has been received by this office.

________________________________________________________________

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 an injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our decision the 
applicant is not the victim of an error or injustice.  
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 an 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-2013-03982 in Executive Session on 20 May 14, under 
the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	 Exhibit A.  DD Form 149, dated 19 Aug 13, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, AFPC/DPFDC, dated 6 Mar 14, w/atchs.
	 Exhibit D.  Letter, SAF/MRBR, dated 31 Mar 14.




 
                                   Panel Chair



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