RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01516 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to benefits under the Combat-Related Special Compensation (CRSC) program for his medical conditions associated with application to the Board, AFBCMR Docket No. BC-1991-01283 and Special Order (SO) ACD-272. ________________________________________________________________ APPLICANT CONTENDS THAT: All of his conditions should be rated as combat-related; including those conditions granted when the Board corrected his record to have his name placed on the Temporary Disability Retired List (TDRL) and the diagnosis in his case was “severe, recurring attacks, with intermittent relief, associated with degenerative disc disease,” rated at 30 percent. He had problems trying to explain to the Department of Veterans Affairs (DVA) why SO ACD-272, issued in conjunction with his reevaluation by the Informal Physical Evaluation Board (IPEB) in Oct 93, does not show his disability as combat related. In support of his appeal, he provides copies of his CRSC award package, dated 8 Aug 08. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 4 May 90, the applicant was discharged with severance pay with a compensable disability rating of 20 percent. He was credited with 8 years, 10 months, and 4 days of active duty service. On 11 Jul 91, the Board corrected his record to show that he was not discharged on 4 May 90 for physical disability with entitlement to disability severance pay, but on 5 May 90, his name was placed on the TDRL and the diagnosis in his case was severe, recurring attacks, with intermittent relief, associated with degenerative disc disease, VA Code d.c. 5993 and 5293, rated at 30 percent. On 3 Apr 92, while being retained on the TDRL the applicant was reevaluated by the Informal Physical Evaluation Board (IPEB). The IPEB diagnosed the applicant with: Low back pain and pain both legs associated with lumbar 5299 - arachnoiditis, status post multiple surgical procedures, 5293 including Sep 90 L4-5 lumbar 1iminectomy and discectomy, Jan 91 L2-3 decompressive laminectomy, Jan 92 implantation of nerve stimulator and Jul 92 implantation of infusion pump for intrathecal morphine therapy. The IPEB recommended the applicant be permanently retired with a compensable disability percentage of 60. On 19 Nov 93, in accordance with SO ACD – 272, dated 9 Nov 93, the applicant’s name was removed from the TDRL and he was permanently disability retired with a compensable disability percentage of 60. His disabilities were deemed as noncombat- related. He was credited with 8 years, 10 months, and 25 days of active service for pay. In Jul 08, the applicant applied to the Board to have his disabilities rated as combated-related. However, on 27 Aug 08, the applicant received approval from the CRSC office for his diagnosis of Vertebral Fracture and Dislocation and his record was administratively corrected without referral to the Board. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial stating, in part, that the preponderance of evidence reflects that no error or injustice occurred during the disability process. The IPEB and the AFBCMR both determined that the applicant's condition was not considered to be combat related. However, the CRSC office uses their own guidance when approving/disapproving conditions as combat related which can result in a different finding/rating from the Medical Review Boards or other agencies. CRSC uses Public Law 107-314, Dec 02, directive Type Memorandum, Office of the Under Secretary of Defense, dated Apr 01, Section 1413a, Title 10 USC, Revised Guidance, Jan 04 and DD Form 2860, Claim for Combat Related Special Compensation, Appendix A. The IPEB reviewed the applicant's case on 26 Feb 90 for Somatoform pain disorder with mild social and industrial impairment, VA code 9402. The IPEB recommended discharge with severance pay with a disability rating of 10 percent. The applicant requested a formal hearing and on 23 Mar 90, the FPEB recommended discharge with severance pay with a disability rating of 20 percent for chronic, moderate myofascial pain syndrome, associated with degenerative disc disease VA Codes 5003-5293. The injury to the applicant's lower back was in Apr 87 during a field exercise in the obstacle course at Davis-Monthan AFB. Neither the IPEB nor the FPEB found the condition to be training for war games or combat related. On 30 Jul 91, the Board directed that the applicant be placed on the TDRL with a disability rating of 30 percent for chronic, severe myofascial pain syndrome, associated with degenerative disc disease using VA Codes 5003-5293. The Board did not deem the condition to be combat-related. The complete DPFD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jul 13 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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 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. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ The following members of the Board considered Docket Number BC-2013-01516 in Executive Session on 20 Feb 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Feb 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 5 Jun 13. Exhibit D. Letter, SAF/MRBR, dated 24 Jul 13. 1 2