RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00732 COUNSEL: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His diagnosis of lumbar spine, post laminectomy with herniated disc and degenerative disc disease (low back pain) with herniated disc be assessed as combat-related in order to receive compensation under the Combat-Related Special Compensation (CRSC) Act. ________________________________________________________________ APPLICANT CONTENDS THAT: His lower back injury is a result of his participation in an overnight airborne operation above and near Kirtland Air Force Base (AFB), New Mexico, simulating war conditions. During the aircraft sudden change of direction, he was slammed down in an awkward position causing what an orthopedist referred to as an “extremely large” disc extrusion in his back. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 1 Feb 02, the applicant retired from active duty. He was credited with 21 years, 3 months and 24 days of total service for basic pay. According to Department of Veterans Affairs (DVA) rating decision, dated 27 Jan 06, the applicant’s low back pain with herniated disc and laminectomy was listed as service connected with a 20 percent disability rating, effective 31 Oct 05. According to a letter dated 19 Aug 10, the applicant’s CRSC application for low back pain with herniated disc and laminectomy was disapproved due to lack of sufficient evidence. The letter also stated that his injuries were non-combat related. According to letters dated 19 Feb 11, 9 May 11, and 23 Jul 12 the applicant’s CRSC reconsideration requests for low back pain with herniated disc and laminectomy were disapproved, as he did not provide any additional information or documentation to warrant a change. ________________________________________________________________ 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 a combat- related event as the cause of his back condition. 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. In his initial claim, the applicant contended that his back condition was incurred from numerous “Special Force Operations missions” during his 14 year flying career. In his second submission, he stated his back was injured while conducting night, low-level operations under simulated combat conditions. In his third, fourth, and Congressional inquiry, he indicated he injured his back when he landed awkwardly “during the positive G break in the opposite direction.” In his application to the Air Force Board for Correction of Military Records (AFBCMR), the applicant’s counsel’s letter indicated the applicant’s body floated before being slammed down in an awkward position following the second no-notice turn. The fact that a member incurred a disability in an area of armed conflict, while participating in combat operations, during a period of simulating war, in an area of simulated armed conflict, while participating in 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, simulated armed conflict, hazardous service and the resulting disability. Documentation provided does not confirm a combat-related event as the direct cause of the applicant’s back condition. The complete DPFDC evaluation, with attachments, is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant’s counsel on 28 Jul 14 for review and comment within 30 days. As of this date, no response has been received by this office (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 conditions 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. 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-2014-00732 in Executive Session on 11 Feb 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Pertinent Excerpts from CRSC Applications. Exhibit D. Letter, AFPC/DPFDC, dated 13 Jun 14, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14.