RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04640 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to benefits under the Combat-Related Special Compensation (CRSC) program. ________________________________________________________________ APPLICANT CONTENDS THAT: He has filed for CRSC and has been denied twice; once in Jun 09 and again in Sep 10. Both times after submitting additional evidence, he was advised that the event was not a direct cause of his disability and that his claim did not meet the criteria for the CRSC program. He was later advised, after a submission that his injuries were not service-connected; however, he believes the Air Force is unjustly looking for reasons to deny his claim for CRSC. In support of his appeal, he provides an extract of his CRSC packages; his Department of Veterans Affairs (DVA) rating decision; a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction from his 30 Mar 07 separation, and other medical documents associated with his request.. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant, a Reservist, was notified of his eligibility for Retired Pay at age 60, on 26 May 07. He earned 3528 points under the provisions of 10 USC 12731. His most recent DD Form 214, indicated that he completed 3 years, 11 months, and 25 days during this period of active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial stating, in part, that his condition does not meet the mandatory criteria for compensation under the CRSC program. The applicant submitted a CRSC claim for Post-Traumatic Stress Disorder (PTSD), back, neck, knees, left ankle, and tinnitus; however, his request was disapproved on 1 Jun 09. He requested reconsideration of his claim for his back, neck, knees, left ankle, and tinnitus; however, on 28 Sep 10, his claim was disapproved. The CRSC board concluded that no evidence was provided to confirm the applicant’s disabilities were the direct result of armed conflict, hazardous service, an instrumentality of war, or simulating war. The applicant states his disabilities were incurred while downloading military cargo while deployed to Kuwait. In accordance with DD Form 2860, Claim for Combat-Related Special Compensation (CRSC), the fact that a member incurred a disability in an area of armed conflict or while participating in combat operations is not sufficient by itself to support a combat-related determination. There must be a definite, documented, causal relationship between the armed conflict and the resulting disability. Injuries from loading cargo, pushing pallets or getting caught between cargo pallets are not unique to military service or combat situations. Therefore, to qualify for CRSC, some combat- related event must have occurred that caused or aggravated the injury. An example of a combat-related event could be the aircraft coming under enemy fire while unloading cargo, causing the loadmaster to take cover without securing the cargo, and the cargo pinning the member. Another example of a combat-related event could be an explosion causing the cargo to become unsecured and pin the member. After reviewing documentation we are unable to determine a combat-related event as the cause of the applicant’s disabilities. The Combat-Related Special Compensation (CRSC) program, established by Public Law (PL) 107-314, provides compensation to certain retirees with combat-related disabilities. A retired member of the Uniformed Services must meet each of the four following conditions to meet the preliminary CRSC criteria: a. Has 20 or more years of active service in the Uniformed Services for the purpose of computing the amount of retired pay, or is entitled to retired pay under section 12731 of Title 10, United States Code, unless such retirement is under section 12731b of that same title or (the member is retired under Chapter 61 (disability retired). b. Is in retired status. c. Is entitled to retired pay, notwithstanding that such retired pay may be reduced due to receipt of Department of Veterans Affairs (DVA) disability compensation. d. Has qualifying disability ratings (percentages) [retiree must be entitled to compensation for service-connected disabilities under 10 USC 38 by the DVA]. Qualifying Combat-Related Disability: Member has combat-related disabilities (which include any Purple Heart disabilities) that are compensated by the DVA. The complete AFPC/DPSDC 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 7 January 2011 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-04640 in Executive Session on 13 September 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Dec 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 28 Dec 10, w/atch. Exhibit D. Letter, SAF/MRBR, dated 7 Jan 11.