RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-01580

 					COUNSEL:  NONE
	
					HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

Her application for Combat-Related Special Compensation (CRSC) 
for the conditions of degenerative arthritis of the spine and 
major depressive disorder be approved. 


APPLICANT CONTENDS THAT:

She did not go to the Formal Physical Evaluation Board (FPEB) 
because she was using a walker and was told they would see 
everything in her records.  However, they did not consider that 
her four back surgeries were the result of an injury incurred 
during a combat readiness deployment to Korea.  

She did not know about CRSC until recently and never looked to 
see if her disabilities were combat-related.    

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


STATEMENT OF FACTS:

On 27 Jun 79, the applicant entered the Regular Air Force.    

On 15 Jul 97, a Medical Evaluation Board (MEB) referred the 
applicant to a Physical Evaluation Board (PEB) for unfitting 
conditions of chronic low back pain, probably multifactorial 
secondary to epidural scarring and excessive weight on the chest 
secondary to pendulous breasts and stress at work and home.  

According to an AF Form 356, Findings and Recommended 
Disposition of USAF Physical Evaluation Board, dated 17 Nov 97, 
the Informal Physical Evaluation Board (IPEB) recommended she be 
retired with a 40 percent disability rating for unfitting 
conditions of chronic low back pain, status post three surgical 
procedures, including fusions for degenerative disc disease 
associated with major depressive disorder, chronic.  The 
condition of status post bilateral reduction mammoplasty was 
listed as a condition that can be unfitting but was not 
compensable or ratable at the time.  

On 2 Dec 97, the applicant signed AF Form 1180, Action on 
Physical Evaluation Board Findings and Recommended Disposition, 
stating she did not agree with the findings and recommended 
disposition of the PEB informal hearing and requested a formal 
hearing of the case.  

In a letter dated 16 Dec 97, the applicant waived her earlier 
election for a hearing and concurred with the IPEB’s 
recommendation and findings.  She acknowledged she understood 
that if the waiver was approved she had no further right to 
demand a formal hearing without substantial new evidence.  

According to Special Order ACD-0424 dated 22 Jan 98, the 
applicant was retired effective 4 Mar 98 in the grade of 
Technical Sergeant (TSgt, E-6) with a compensable percentage for 
physical disability of 40 percent.  She was credited with 
18 years, 8 months and 7 days of active service for retirement.  


AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial of the applicant’s request for 
CRSC.  Her conditions do not meet the mandatory criteria for 
compensation under the CRSC program as outlined under the 
provisions of 10 U.S.C. § 1413a and Office of the Under 
Secretary of Defense (OUSD) guidance.  Injuries incurred from 
backing into an object are not approvable for CRSC without a 
direct link to a combat-related event.

The CRSC program was established to provide compensation to 
certain retirees with combat-related disabilities IAW Public Law 
107-314 and OUSD guidance.  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.  

The Department of Veterans Affairs (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.

On 21 Nov 12, the applicant’s claim for CRSC for major 
depressive disorder and back condition was disapproved as no 
evidence was provided to confirm the disabilities were the 
direct result of armed conflict, hazardous service, 
instrumentality of war, or simulating war.  She stated in her 
original claim, “I cracked my backbone while launching sorties 
during a combat readiness exercise in Korea.”  On her DD Form 
149, she states she “injured her back while backing up with the 
hose and hit her back on the landing gear door.”  Medical 
documents from 1986 reflect she reported her back was injured in 
1983 when she fell, but there is no indication of the cause or 
circumstances surrounding the fall.  Injuries from walking into, 
or backing into an object, or from a fall, do not qualify for 
CRSC unless there is clear evidence of a combat-related event 
contributing to the injury.  Additionally, per the DD Form 2860, 
the fact that a member incurred a disability during a period of 
simulating war or in an area of simulated armed conflict or 
while participating in simulated combat operations is not 
sufficient by itself to support a combat-related determination.  
There must be a definite, documented, causal relationship 
between the simulated armed conflict and the resulting 
disability.   

A complete copy of the 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 13 Jun 14 for review and comment within 30 days 
(Exhibit D).  As of this date, no response has been received by 
this office.


OUSD EVALUATION:

In an e-mail dated 27 Mar 15, the OUSD, Personnel and Readiness, 
Legal Policy and Military Compensation office advised they 
reviewed the application In Accordance With (IAW) DODI 1332.41, 
Boards of Correction of Military Records (BCMRs) and Discharge 
Review Boards (DRBs) and concurred with the recommendation of 
AFPC/DPFDC to deny relief.

A complete copy of the OUSD evaluation is at Exhibit E.


APPLICANT'S REVIEW OF OUSD EVALUATION:

A copy of the OUSD evaluation was forwarded to the applicant on 
5 May 15, for review and comment within 30 days (Exhibit F).  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 injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force and OUSD offices of primary 
responsibility and adopt the rationale expressed as the basis 
for our conclusion the applicant has failed to sustain her 
burden of proof that she has been the victim of an error of 
injustice.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the requested 
relief.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-01580 in Executive Session on 12 Jun 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

 
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01580 was considered:

	Exhibit A.  DD Form 149, dated 9 Apr 14 w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDC, dated 22 May 14.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Jun 14. 
	Exhibit E.  E-mail, OUSD P&R, dated 27 Mar 15.
	Exhibit F.  Letter, AFBCMR, dated 5 May 15.