RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03552 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His diagnosis of Post-Traumatic Stress Disorder (PTSD) be assessed as combat-related in order for him to receive compensation under the Combat-Related Special Compensation (CRSC) Act. ________________________________________________________________ APPLICANT CONTENDS THAT: His PTSD is a result of his combat experience in Vietnam while serving in the Army prior to enlisting in the Air Force. In support of his request, the applicant provides copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; code sheet from Department of Veteran Affairs (DVA) decision letter, excerpts from his military personnel records, excerpts from his medical records, and the cover page from his DVA decision letter. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Army on 9 Nov 65 until 8 Nov 68, when he was honorably discharged upon the expiration of his term of service and transferred to the Ready Reserve. He was credited with 11 months and 25 days of foreign service during this period. On 3 Oct 06, the applicant was released from the Air Force Reserve and placed on the Retired Reserve List. He was credited with 23 years of total active service. On 20 Jan 11, the applicant’s CRSC application was approved for his residual of lung surgery (lung cancer) and his atherosclerotic heart disease, effective 1 Jun 10, at a 20 percent combined rating. On 22 Aug 11, a DVA rating decision listed the applicant’s PTSD as service-connected with a 30 percent disability rating, effective 13 Dec 10. On 19 Sep 11, the applicant’s subsequent CRSC application for impaired hearing and tinnitus was disapproved. The DVA did not find his conditions service-connected. On 14 Nov 11, the applicant’s CRSC application for PTSD was disapproved, because the applicant failed to provide sufficient documentation confirming he was exposed to hostile fire and the location and dates he was in Vietnam. On 23 Feb 12, the applicant’s CRSC reconsideration request for PTSD was disapproved, as the documentation he provided did not confirm he was directly exposed to gunfire or mortar attacks, or reflect any other combat-related event as the cause of his condition. Supporting documentation from the National Personnel Records Center (NPRC) was requested on the applicant’s behalf but was not available. On 19 Mar 12, his reconsideration request was denied because the DD Form 214 showing his Vietnam Service Medal (VSM) and Vietnam Campaign Medal (VCM) did not confirm the location or dates he was there. On 22 Jul 13, the applicant’s reconsideration request submitted on 14 Mar 13, was denied because he submitted no new information to warrant approving his PTSD for CRSC. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFDC recommends denial, indicating the applicant’s claim does not meet the mandatory criteria for compensation under the CRSC program as outlined under Title 10 USC § 1413a and Office of the Under Secretary of Defense (OUSD) Guidance. The supporting documentation provided does not confirm an enemy attack on the locations where the applicant was stationed, nor is there confirmation the applicant was directly exposed to hostile fire or explosions. The CRSC program was established to provide compensation to certain retirees with combat-related disabilities that qualify under established criteria. If the veteran fails to satisfy the preliminary CRSC criteria, no further consideration by their service department is required and the claim will be denied accordingly. If the veteran satisfies the preliminary CRSC criteria, the claim is reviewed for combat-related determination. The DVA awards service-connected disabilities based on their standards. They resolve doubt in the interest of the veteran and grant service connection for injuries or diseases incurred while in service. While service connection for disabilities is required for initial eligibility for CRSC consideration, CRSC criteria is more stringent. CRSC guidance requires objective documentary evidence in order to support a combat-related determination. Military Departments will determine whether a disability is combat-related using the definitions and criteria set forth in DD Form 2860, Claim for Combat-Related Special Compensation (CRSC), Appendix A. When making combat-related determinations for PTSD, under the Armed Conflict criteria, the board looks for instances of direct combat exposure, such as direct exposure to gunfire or mortar attack. When applicants are unable to provide supporting documents clearly referencing exposure to hostile fire, the board must search for another connection. For those stationed in Vietnam, the board seeks supporting documents confirming the applicant’s specific location and dates they were in Vietnam. If supporting documents confirm the base the applicant was stationed at sustained an enemy attack, they can substantiate support for PTSD. If not, and the applicant does not provide some other means for confirmation of exposure to hostile fire, they are unable to substantiate a connection to a direct combat- related event. A complete copy of the DPFDC evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his original request that his PTSD should be approved for CRSC reimbursement in accordance with PL 107-314 and OUSD guidance. The DVA awarded him 30 percent disability for PTSD and the medical diagnosis code used was 9411 (Combat Fear-Easing Standard). His DD Form 214 identified him as spending 11 months and 25 days in Vietnam as well as him receiving Vietnam medals. He mentions that the Long Binh Ammunition Dump was blown up in mid-Jan through mid-Feb 68 and his medical records confirm his injury treatment during this timeframe. He believes his records confirm his location and corroborate the stressor in support of his combat connected PTSD. Additionally, his Vietnam duty was served with the Army not the Air Force and the chronology of attacks used to identify attack locations and dates were for ten Air Force operating bases only. Lastly, he provides a copy of the History of the 104th Engineer Company (Dump Truck) 1966-1971 that gives a chronology of events during his time in Vietnam. The 104th was awarded the Commander Unit Commendation for meritorious conduct in connection with military operations against hostile forces from 8 Dec 67 to 18 Feb 68 (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 does not support a finding that the applicant's service-connected medical condition of PTSD was 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, it does not qualify for compensation under the CRSC Act. While the applicant states his disability was incurred as a result of armed conflict in Vietnam, as pointed out by the Air Force Office of Primary Responsibility (OPR), the available evidence does not confirm an enemy attack on the locations where the applicant was stationed. Therefore, we do not find his assertions and evidence, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force OPR. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility 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 the evidence presented did not demonstrate the existence of material 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-03552 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBMCR Docket Number BC-2013-03552 was considered: Exhibit A. DD Form 149, dated 26 Jul 13, w/atchs. Exhibit B. Applicant's Available Master Personnel Records Exhibit C. Letter, AFPC/DPFDC, dated 17 Sep 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14. Exhibit E. Letter, Applicant, dated 2 Feb 14, w/atchs. 1 2