RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01580 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her application for Combat-Related Special Compensation (CRSC) for the conditions of degenerative arthritis of the spine and major depressive disorder be approved. APPLICANT CONTENDS THAT: She did not go to the Formal Physical Evaluation Board (FPEB) because she was using a walker and was told they would see everything in her records. However, they did not consider that her four back surgeries were the result of an injury incurred during a combat readiness deployment to Korea. She did not know about CRSC until recently and never looked to see if her disabilities were combat-related. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 27 Jun 79, the applicant entered the Regular Air Force. On 15 Jul 97, a Medical Evaluation Board (MEB) referred the applicant to a Physical Evaluation Board (PEB) for unfitting conditions of chronic low back pain, probably multifactorial secondary to epidural scarring and excessive weight on the chest secondary to pendulous breasts and stress at work and home. According to an AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 17 Nov 97, the Informal Physical Evaluation Board (IPEB) recommended she be retired with a 40 percent disability rating for unfitting conditions of chronic low back pain, status post three surgical procedures, including fusions for degenerative disc disease associated with major depressive disorder, chronic. The condition of status post bilateral reduction mammoplasty was listed as a condition that can be unfitting but was not compensable or ratable at the time. On 2 Dec 97, the applicant signed AF Form 1180, Action on Physical Evaluation Board Findings and Recommended Disposition, stating she did not agree with the findings and recommended disposition of the PEB informal hearing and requested a formal hearing of the case. In a letter dated 16 Dec 97, the applicant waived her earlier election for a hearing and concurred with the IPEB’s recommendation and findings. She acknowledged she understood that if the waiver was approved she had no further right to demand a formal hearing without substantial new evidence. According to Special Order ACD-0424 dated 22 Jan 98, the applicant was retired effective 4 Mar 98 in the grade of Technical Sergeant (TSgt, E-6) with a compensable percentage for physical disability of 40 percent. She was credited with 18 years, 8 months and 7 days of active service for retirement. AIR FORCE EVALUATION: AFPC/DPFDC recommends denial of the applicant’s request for CRSC. Her conditions do not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of 10 U.S.C. § 1413a and Office of the Under Secretary of Defense (OUSD) guidance. Injuries incurred from backing into an object are not approvable for CRSC without a direct link to a combat-related event. The CRSC program was established to provide compensation to certain retirees with combat-related disabilities IAW Public Law 107-314 and OUSD guidance. 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. The Department of Veterans Affairs (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. On 21 Nov 12, the applicant’s claim for CRSC for major depressive disorder and back condition was disapproved as no evidence was provided to confirm the disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. She stated in her original claim, “I cracked my backbone while launching sorties during a combat readiness exercise in Korea.” On her DD Form 149, she states she “injured her back while backing up with the hose and hit her back on the landing gear door.” Medical documents from 1986 reflect she reported her back was injured in 1983 when she fell, but there is no indication of the cause or circumstances surrounding the fall. Injuries from walking into, or backing into an object, or from a fall, do not qualify for CRSC unless there is clear evidence of a combat-related event contributing to the injury. Additionally, per the DD Form 2860, the fact that a member incurred a disability during a period of simulating war or in an area of simulated armed conflict or while participating in simulated combat operations is not sufficient by itself to support a combat-related determination. There must be a definite, documented, causal relationship between the simulated armed conflict and the resulting disability. A complete copy of the DPFDC 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 13 Jun 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. OUSD EVALUATION: In an e-mail dated 27 Mar 15, the OUSD, Personnel and Readiness, Legal Policy and Military Compensation office advised they reviewed the application In Accordance With (IAW) DODI 1332.41, Boards of Correction of Military Records (BCMRs) and Discharge Review Boards (DRBs) and concurred with the recommendation of AFPC/DPFDC to deny relief. A complete copy of the OUSD evaluation is at Exhibit E. APPLICANT'S REVIEW OF OUSD EVALUATION: A copy of the OUSD evaluation was forwarded to the applicant on 5 May 15, for review and comment within 30 days (Exhibit F). As of this date, no response has been received by this office. 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. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force and OUSD offices of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain her burden of proof that she has been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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 issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-01580 in Executive Session on 12 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01580 was considered: Exhibit A. DD Form 149, dated 9 Apr 14 w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFDC, dated 22 May 14. Exhibit D. Letter, SAF/MRBR, dated 13 Jun 14. Exhibit E. E-mail, OUSD P&R, dated 27 Mar 15. Exhibit F. Letter, AFBCMR, dated 5 May 15.