RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01330
	
		COUNSEL:  NONE
		
		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His diagnosis of impairment of femur (pigmented villondular, 
left hip), back strain (scoliosis), and left leg injury be 
assessed as combat-related in order to receive compensation 
under the Combat-Related Special Compensation (CRSC) Act.

________________________________________________________________

APPLICANT CONTENDS THAT:

His left hip injury is a result of him being ordered to jump off 
the back of a military truck during a mobility exercise.  His 
injury is service connected because it was caused by an 
instrument of war, under simulated war conditions.  

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

________________________________________________________________

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release 
or Discharge from Active Duty, on 10 Oct 85, he enlisted in the 
Regular Air Force. 

On 4 Apr 88, a Medical Evaluation Board (MEB) diagnosed the 
applicant with pigmented villonodular synovitis, left hip post 
partial excision and left extensor halluces longus weakness 
unexplained by electromyography.  The MEB found the applicant 
unfit for continued service on active duty and recommended he be 
referred to an Informal Physical Evaluation Board (IPEB).

On 14 Jun 88, the Secretary of the Air Force (SECAF) directed 
the applicant be placed on the Temporary Disability Retired List 
(TDRL) under the provisions of 10 USC 1202.

On 5 Jul 88, the applicant was released from active duty and 
placed on the TDRL.  He was credited with 2 years, 8 months and 
26 days of total active service.

On 31 May 91, the SECAF directed the applicant be removed from 
the TDRL and permanently retired with a combined 30 percent 
compensable disability rating, effective 9 Jun 91.

According to the Department of Veterans Affairs (DVA) rating 
decision, dated 22 Mar 13, the applicant’s left fifth 
metatarsal, pigmented villonodular synovitis of the lift hip, 
acne, and left extensor halluces longus weakness was listed as 
service connected with a 70 percent disability rating, effective 
1 Dec 12. 

According to a letter dated 31 Jan 14, the applicant’s CRSC 
application for impairment of femur (pigmented villondular, left 
hip) and back strain (scoliosis) was disapproved due to lack of 
sufficient evidence. The letter also stated that his injuries 
were non-combat related.

According to a letter dated 5 Mar 14, the applicant’s CRSC 
reconsideration request for his left hip, lower back, and left 
leg conditions were disapproved, as they were unable to identify 
a combat-related event as the cause of his left hip and back 
conditions.  Additionally, his left leg condition had not yet 
been rated by the DVA.

According to letters dated 31 Mar 14 and 16 Apr 14, the 
applicant’s CRSC application for his left hip was disapproved 
due to lack of sufficient evidence. The letter also stated that 
his injuries were non-combat related (Exhibits F and G).

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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.  Injuries 
incurred from jumping off a truck are not considered combat-
related without a combat-related event as the direct cause.

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 Line of Duty information referenced by the applicant 
indicates he jumped from the truck after unloading the bags.  
Per OUSD Guidance, 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.

In accordance with the DD Form 2860, Claim for Combat-Related 
Special Compensation, the fact that a member incurred a 
disability in an area of armed conflict, simulated armed 
conflict or while participating in combat operations or 
simulated combat operations, is not sufficient by itself to 
support a combat-related determination.  There must be a 
definite, documented, casual relationship between the armed or 
simulated armed conflict and the resulting disability.

Additionally, a “truck” is not an Instrument of War (IN).  As an 
example, an instrument of war can include a tank or a military 
aircraft.  Furthermore, the applicant’s condition was not caused 
by the truck, but rather from jumping off the truck.  Jumping 
off a military vehicle, without an active combat scenario (such 
as coming under enemy gun fire or mortar attack, and jumping off 
in order to seek cover) is not approvable for CRSC.

Moreover, when the Findings and Recommended Disposition of the 
PEB find a condition to be combat related in accordance with AFI 
36-3212, Physical Evaluation for Retention Retirement, and 
Separation, their process and standards for determinations are 
governed under guidance which determines a member's ability to 
remain fit for active duty.  LOD determinations are used to 
determine if a member's injury was incurred in line of duty or 
not in line of duty.  However, their decisions do not 
automatically qualify a disability as combat related under the 
CRSC program.  The CRSC program is designed to provide 
compensation for combat-related injuries.  Consequently, the Air 
Force standards are much more rigorous when determining 
disabilities under current criteria.  The Air Force must look at 
what caused the condition, the activities taking place at the 
time, and resulting disability.  As such, many disabilities are 
not approvable for compensation under this program. 

Finally, 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, CRSC, 
Appendix A. 

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 17 Nov 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 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-2014-01330 in Executive Session on 13 May 15, under 
the provisions of AFI 36-2603:

	                   , Panel Chair
	                  , Member
	                        , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Mar 14, w/atchs.
	Exhibit B.  Pertinent Excerpts from CRSC Applications.
	Exhibit C.  Letter, AFPC/DPFDC, dated 22 May 14, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14.