RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00732
	
		COUNSEL:  
		
		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His diagnosis of lumbar spine, post laminectomy with herniated 
disc and degenerative disc disease (low back pain) with 
herniated disc be assessed as combat-related in order to receive 
compensation under the Combat-Related Special Compensation 
(CRSC) Act.

________________________________________________________________

APPLICANT CONTENDS THAT:

His lower back injury is a result of his participation in an 
overnight airborne operation above and near Kirtland Air Force 
Base (AFB), New Mexico, simulating war conditions.  During the 
aircraft sudden change of direction, he was slammed down in an 
awkward position causing what an orthopedist referred to as an 
“extremely large” disc extrusion in his back.

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

________________________________________________________________

STATEMENT OF FACTS:

On 1 Feb 02, the applicant retired from active duty.  He was 
credited with 21 years, 3 months and 24 days of total service 
for basic pay.

According to Department of Veterans Affairs (DVA) rating 
decision, dated 27 Jan 06, the applicant’s low back pain with 
herniated disc and laminectomy was listed as service connected 
with a 20 percent disability rating, effective 31 Oct 05. 

According to a letter dated 19 Aug 10, the applicant’s CRSC 
application for low back pain with herniated disc and 
laminectomy was disapproved due to lack of sufficient evidence. 
The letter also stated that his injuries were non-combat 
related.
According to letters dated 19 Feb 11, 9 May 11, and 23 Jul 
12 the applicant’s CRSC reconsideration requests for low back 
pain with herniated disc and laminectomy were disapproved, as he 
did not provide any additional information or documentation to 
warrant a change.  

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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 a combat-
related event as the cause of his back condition.

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. 

In his initial claim, the applicant contended that his back 
condition was incurred from numerous “Special Force Operations 
missions” during his 14 year flying career.  In his second 
submission, he stated his back was injured while conducting 
night, low-level operations under simulated combat conditions.  
In his third, fourth, and Congressional inquiry, he indicated he 
injured his back when he landed awkwardly “during the positive G 
break in the opposite direction.”  In his application to the Air 
Force Board for Correction of Military Records (AFBCMR), the 
applicant’s counsel’s letter indicated the applicant’s body 
floated before being slammed down in an awkward position 
following the second no-notice turn.

The fact that a member incurred a disability in an area of armed 
conflict, while participating in combat operations, during a 
period of simulating war, in an area of simulated armed 
conflict, while participating in simulated combat operations, or 
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 armed 
conflict, simulated armed conflict, hazardous service and the 
resulting disability.  Documentation provided does not confirm a 
combat-related event as the direct cause of the applicant’s back 
condition.

The complete DPFDC evaluation, with attachments, is at Exhibit 
D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant’s counsel on 28 Jul 14 for review and comment within 
30 days.  As of this date, no response has been received by this 
office (Exhibit E).

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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 conditions were 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, do 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 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-2014-00732 in Executive Session on 11 Feb 15, under 
the provisions of AFI 36-2603:

	                   , Panel Chair
	                  , Member
	                        , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Pertinent Excerpts from CRSC Applications.
	Exhibit D.  Letter, AFPC/DPFDC, dated 13 Jun 14, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 28 Jul 14.