RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03881
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her service-connected medical conditions, Post Traumatic Stress Disorder (PTSD) and Depression be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

This is an oversight.  The Veterans Affairs (VA) representative indicated through various correspondence and documentation that her PTSD was combat-related.  She was further informed that her disability was combat-related and is listed as Gulf War incurred.

In support of her request, she provided documentation associated with her CRSC application.

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

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STATEMENT OF FACTS:

The applicant’s DD Form 214 reflects she served on active duty from 22 Aug 84 through 31 Aug 04.  She was honorably retired on 1 Sep 04.  She served 20 years and 9 days on active duty.

She submitted an application for CRSC for Tinnitus, Impaired Hearing, Limited Flexion of Forearm, Lumbosacral or Cervical Strain, Condition of Skeletal System - Left and Right Knees, Melasma, Mild Bilateral Hallux Valgus, Anal Sphincter Hypotonia, Genital Herpes, Post Traumatic Stress Disorder (PTSD) and Depression.  On 10 Aug 06, her application was partially approved for Tinnitus and Impaired Hearing.  Her application contained no evidence to substantiate her disapproved conditions were the direct results of armed conflict, hazardous service, instrumentality of war, or simulating war.  The PTSD was initially deferred.  She requested reconsideration after the VA granted her PTSD and Depression as a service connected disability.  The reconsideration request was disapproved on 6 Jun 07.  She submitted additional requests for reconsideration which were disapproved on 30 Apr 07 and on 29 Oct 07.  No additional documentation was provided to support a combat-related event as the direct cause for PTSD and Depression.

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AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD states the applicant's medical condition does not the meet the mandatory criteria for compensation under the CRSC program.  No evidence was located to substantiate her medical conditions were a direct result of a combat-related event.  She indicated she incurred her condition a result of being raped while performing security forces duties during the Gulf War.  The fact that she incurred this disability while stationed in the Gulf is not sufficient to support a combat-related determination.

APFC/DPSD's complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 Mar 08 for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  The available evidence of record does not support a finding that the service-connected medical conditions the applicant believes are combat-related 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.  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 the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-03881 in Executive Session on 12 May 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Nov 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSD, dated 27 Feb 08, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 08.