Office of the Assistant Secretary 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC

DOCKET NUMBER:  BC-2012-02351 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
 
 
 
                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
   
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His back injury be changed from non-combat to combat-related, so 
he  may  qualify  for  monetary  benefits  authorized  under  the 
Combat-Related Special Compensation (CRSC) program.   
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  injured  during  combat  operations  in  Kuwait  and  other 
areas.    The  CRSC  board  determined  that  since  a  doctor  was  not 
present at the time of his injury, a determination could not be 
made on the spot.  
 
In support of his request, the applicant provides copies of his 
Department  of  Veterans  Affairs  (DVA)  claim,  an  eyewitness 
statement,  two  letters  from  his  medical  providers,  and  his 
medical records. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A.   
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  served  on  active  duty  in  the  Regular  Air  Force 
from 28 Jun 85 to 31 Jul 05.  On 1 Aug 05, he retired from the 
Air Force, having served 20 years, 1 month and 3 days on active 
duty.    
 
On  24  Aug  05,  the  DVA  awarded  him  a  compensable  disability 
rating of 10 percent for each of the following service-connected 
disabilities: asthma, scar residuals – back, degenerative joint 
disease – back, and tinnitus.   

 
The applicant submitted a claim for CRSC for his hearing, lungs 
and  back.    On  6  Dec  11,  his  claim  was  partially  approved  for 
tinnitus.    He  requested  reconsideration  of  the  board’s 
disapproval  of  compensation  for  his  back  but  his  requests  were 
disapproved on 28 Feb 12 and 16 May 12.  The board determined no 
evidence  was  provided  to  confirm  his  disability  was  the  direct 
result of armed conflict, hazardous service, instrumentality of 
war, or simulating war.   
 
The  CRSC  program  was  established  to  provide  compensation  to 
certain  retirees  with  Combat-Related  disabilities  that  qualify 
under  the  criteria  set  forth  in  Title  10,  United  States  Code,  
(10 USC) Section 1413a.  
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSDC  recommends  denial.    DPSDC  states  the  applicant’s 
conditions  do  not  meet  the  mandatory  criteria  for  compensation 
under  the  CRSC  program  as  outlined  under  the  provisions  of      
10  U.S.C.,  Section  1413a.    CRSC  law  requires  documentation 
confirming  a  direct  link  to  a  combat-related  event.    The 
provided documentation does not confirm the applicant sustained 
an  injury  or  incurred  his  back  condition  from  a  combat-related 
event.  
 
DPSDC states the fact that a member incurred a disability during 
a  period  of  hazardous  service  is  not  sufficient  by  itself  to 
support  a  combat-related  determination.    There  must  be  a 
definite,  documented,  causal  relationship  between  the  hazardous 
service and the resulting disability.  By law, determinations of 
whether  a  disability  is  combat-related  will  be  based  on  the 
preponderance  of  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. 
 
When  making  combat-related  determinations  the  board  looks  for 
documentation  from  the  time  of  injury  confirming  the  event  and 
the  injury  described.    An  example  could  be  a  medical  notation 
showing “member has been complaining of back pain since a mortar 
explosion threw him against a wall two days ago.”  There is no 
in-service  medical  documentation  from  1998  confirming  a  back 
injury from a combat-related event.  Furthermore, the in-service 
medical  documentation  provided  do  not  reflect  a  combat-related 
event as the cause of the applicant’s back condition. 
 
Although the burden of proof lies with the applicant to provide 
supporting documents (per DD Form 2860, Claim for Combat-Related 

 

Special  Compensation),  DPSDC  attempted  to  obtain  documentation 
from  the  VA  to  justify  approval  of  the  applicant’s  claim.  
However,  DPSDC  was  unable  to  obtain  supporting  documentation.  
Specifically,  they  requested  in-service  medical  records  for  a 
back  injury  in  1998.    Since  they  have  been  unable  to  obtain 
documentation confirming the applicant’s condition was caused by 
a  combat-related  event,  DPSDC  was  unable  to  approve  the 
applicant’s condition for CRSC.   
 
The  complete  DPSDC  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  11  Sep  12  review  and  comment  within  30  days 
(Exhibit  D).    As  of  this  date,  this  office  has  not  received  a 
response. 
 
________________________________________________________________ 
 
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  an  error  or  injustice.    The 
available evidence of record does not support a finding that the 
service-connected back injury he believes is combat-related 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, does not qualify for compensation under the CRSC 
Act. Therefore, 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.    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-
2012-02351  in  Executive  Session  on  14  Jan  13,  under  the 
provisions of AFI 36-2603: 
 
 
Panel Chair 

  

 

 

  
  

 
 

Member 
Member 

 
 
 
 
 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-02351 was considered: 
 
    Exhibit A.  DD Form 149, dated 23 May 12, w/atchs. 
    Exhibit B.  Applicant’s Master Personnel Record. 
    Exhibit C.  Letter, AFPC/DPSDC, dated 29 Aug 12, w/atchs. 
    Exhibit D.  Letter, SAF/MRBR, dated 11 Sep 12.  
 
 
 
 
                                    
                                   Panel Chair