RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01329 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. His AF Form 618, Medical Board Report, be changed in Block 23, Diagnosis and Findings, Items 1 and 3, under “Permanently Aggravated by Service,” to reflect “Yes” rather than “No.” 2. His service-connected knee conditions be assessed as combat related in order to qualify for compensation under the Combat- Related Special Compensation (CRSC) Act. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He has been denied benefits under the CRSC program due to errors in his record. The documentation clearly shows his knees were fine when he entered the Air Force, but they were not when he was discharged. The Medical Board report states that his disability was not service connected. His DD Form 4, Enlistment Contract – Armed Forces of the United States, Line 25, Physical Profile, was stated as “1 1 1 1 1 1 Y 2” which means he was in perfect physical condition, with no problems with his knees. Yet, his profile on his AF Form 618, states “2 1 3 1 1 X 3” which means his condition was permanently aggravated by service. His medical record states he injured his knees while performing duties on USAF Aircraft Survival Kits, while on active duty in 1979. A letter from the Department of Veterans Affairs (DVA), dated 17 Jan 01, certifies that they consider him to be totally and permanently disabled because of service-connected disabilities. In support of his request, the applicant provides copies of his AF Form 618, DD Form 4, a letter from the DVA, and medical documents. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 15 Nov 74 to 12 May 83, as an aircrew life support specialist. On 1 Jan 86, he was medically retired with a 40 percent disability rating after completing 8 years and 28 days of total active service On 17 Jun 08, the applicant’s original request for CRSC for his knees and several other conditions was disapproved. He requested reconsideration of the Board’s disapproval, but was denied on 18 Aug 08, 23 Jul 09, 4 Sep 09, 23 Nov 10, and 24 Mar 11. Additional relevant facts pertaining to this application are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. DPSDC states the applicant’s knee conditions do not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of Title 10, United States Code, Section 1413a. Additionally, service-connection by the DVA is not sufficient to support a combat-related determination. The documentation provided does not reflect a service combat-related event as the direct cause of the applicant’s knee conditions. In accordance with DD Form 2860, Claim for Combat-Related Special Compensation (CRSC), the fact that the applicant incurred a disability in an area of armed conflict/simulated armed conflict, while participating in combat operations/simulated combat operations, or during a period of hazardous service 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. The applicant is under the mistaken belief that simply because the DVA has “service-connected” his knee conditions, he should be approved for CRSC. For “service-connection” through the DVA a member need only have had a condition/disability manifest while the member was in service or within one-year of separation/retirement. The intent of the CRSC program was never to approve all service-connected disabilities for additional “combat” compensation; but rather to allow for additional compensation for those individuals who meet specific “combat- related” criteria. The complete DPSDC evaluation, with attachment, is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He has never hidden the fact he had a knee injury prior to his Air Force career. His knee was surgically repaired and when he completed his physical, doctors found nothing wrong with it. He received all “1’s” on his induction profile, as his knee was in perfect condition upon his enlistment. His duties as an aircrew life support specialist aggravated both of his knees. He was discharged in 1983 with damage to both knees, not just the one with the previous football injury. His Narrative Summary clearly states…”This active duty Air Force Staff Sergeant presents with complaints of knee pain and swelling. The patient is employed in the Air Force in aircraft maintenance and works with packing of survival gear, which requires frequent kneeling on his knees in line of his employment.” It clearly states he was injured while working on an instrumentality of war. He was working on F-4 fighters, KC- 135 tankers, and C-130’s at the time. The Review Boards office seems to be fixated on the fact he had a prior injury. The applicant's complete submission, with attachment, 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 available evidence of record and the documentation provided by the applicant does not support a finding that his service- connected knee conditions he 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. While the applicant contends he has been denied benefits under the CRSC program due to errors in his record; and challenges the CRSC Board’s decision, we do not find his assertions and documentation, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR). Accordingly, we agree with the opinion and recommendation of the Air Force OPR 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 that the evidence presented did not demonstrate the existence of material 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 Docket Number BC-2011-01329 in Executive Session on 13 Sep 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSDC, dated 2 May 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 20 May 11. Exhibit E. Letter, Applicant, dated 7 Jun 11, w/atch. Panel Chair 4 3