RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03866 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His service-connected medical conditions of asthma, limited motion of the right shoulder, arthritis of the spine, and carpal tunnel of both hands be re-evaluated in order to qualify for compensation under the Combat Related Special Compensation (CRSC) program. 2. His AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB) be changed to reflect “Yes” indicating his asthma “was a direct result of armed conflict or was caused by an instrumentality of war and incurred in line of duty during a period of war.” _________________________________________________________________ APPLICANT CONTENDS THAT: 1. His service medical/treatment and personnel records for the period of 31 Aug 90 to 2 Sep 06, show zero (0) signs of PTSD. Supporting evidence confirms his PTSD developed during deployment and was diagnosed after deployment. 2. His service medical/treatment and personnel records for the period of 31 Aug 90 to 2 Sep 06 show zero (0) signs of asthma. Supporting evidence confirms his asthma developed during deployment and was diagnosed after deployment. 3. Supporting evidence affirms he received right shoulder and lower back injuries as a Security Forces member, during multiple simulated combat exercises and during real world base defense during Y2K and 9/11. 4. His service medical/treatment and personnel records for the period of 31 Aug 90 to 2 Sep 06, show zero (0) signs of carpal tunnel syndrome. Shortly after redeployment both hands began exhibiting intermittent numbness, tingling, and shaking which significantly reduces mobility and fine motor skills. Supporting evidence confirms his right/left hand carpal tunnel developed during deployment and was diagnosed after deployment. In support of the request, the applicant provides a personal statement, DD Form 2860, Application for CRSC; DD Form 214, Certificate of Release or Discharge from Active Duty; extracts from his medical records, and other documentation related to his request. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 10 Nov 2008, the applicant was medically retired from the Air Force after completing 18 years, 2 months and 10 days of total active service. On 18 Sep 08, an Informal Physical Evaluation Board (IPEB) convened and diagnosed the applicant with asthma. The IPEB found the applicant unfit and recommended he be permanently retired with a disability rating of 30 percent. The IPEB also determined his disability was not the direct result of armed conflict or caused by an instrumentality of war. On 25 Sep 08, the applicant concurred with the recommendation. On 10 Sep 09, the applicant applied for CRSC for tinnitus, PTSD, asthma, limited motion of the right shoulder, arthritis of the spine, and carpal tunnel of both hands. On 28 Sep 09, his claim was partially approved for tinnitus. He requested reconsideration of the Board’s disapproval of compensation for his disabilities, but the requests were denied 21 Jan 10 and 11 Aug 10. The applicant submitted additional documentation providing sufficient evidence and his claim for PTSD was approved on 17 Nov 10. However, no evidence was provided to confirm his remaining disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. _________________________________________________________________ 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 Title 10, U.S.C., Chapter 71, Section 1413a. Additionally in accordance with (IAW) DD Form 2860, the fact that the applicant incurred a disability in an area of armed conflict/simulated armed conflict, while participating in combat/simulated combat operations, or during a period of simulating war, is not sufficient by itself to support a combat-related determination. There must be a definite, documented, casual relationship between the armed conflict/simulated armed conflict and the resulting disability. Furthermore, 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. The complete DPSDC evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states his medical/treatment records clearly verify zero signs of asthma pre-deployment and confirm diagnosis post-deployment. Military members with asthma cannot deploy overseas. After diagnosis, he was medically retired at 18 years of service, because asthma is not conducive to the rigors of military service. He contends the supporting evidence clearly indicates his asthma was acquired, while serving in an asthma producing combat environment. He cannot fathom how anyone who meticulously reads his appeal and included attachments could deny the direct cause of his asthma. Additionally, his records illustrate pre- deployment right shoulder and lower back injuries significantly aggravated in-theater, from repeatedly diving onto the floor, ground, into concrete bunkers, and slipping on the rocks while running for cover during 120 plus rocket, mortar, and small-arms attacks. The applicant’s complete submission, with attachments is at Exhibit E. _________________________________________________________________ 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 applicant is requesting his AF Form 356 be corrected to reflect his asthma “was a direct result of armed conflict or was caused by an instrumentality of war and incurred in line of duty during a period of war.” Based upon a review of the available evidence of record and the documentation provided in support of his appeal, we do not find evidence that justifies a change in his record is warranted. Therefore, approval of that portion of his request is not warranted. In addition, 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. Accordingly, 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 basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of error or injustice; that the application was denied without a personal appearance; and that 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-2010-03866 in Executive Session on 13 Aug 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Oct 10, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, AFPC/DPSDC, dated 18 Nov 10, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10. Exhibit E. Applicant’s Rebuttal, dated 29 Dec 10.