RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02885

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His service-connected medical conditions be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act.

APPLICANT CONTENDS THAT:

His disability conditions granted by the Department of Veterans Affairs (DVA) were Gulf War incurred and should be approved as combat-related as presented in his 20 Mar 15 DVA Rating Decision.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 7 Feb 90 and honorably discharged on 13 May 99.

After a break in service, the applicant reentered the Regular Air Force on 25 Sep 03.  

On 1 Jul 14, the applicant retired and was credited with 20 years and 13 days of active service.  

On 19 Jun 15, AFPC/DPFDC partially approved the applicant’s claim for CRSC for tinnitus while disapproving his remaining (20) claimed conditions.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. 

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denial indicating there is no evidence of an error or an injustice as his conditions do not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of Title 10 U.S.C., Section 1413a, and Office of the Under Secretary of Defense Guidance.  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.  The fact that a member incurred a disability 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 simulated armed conflict or hazardous service and the resulting disability.  There is no mention of a specific injury as the direct cause of his disabilities.  DVA stated his disabilities were Gulf War-incurred, these disabilities do not conclude were caused by a combat-related event or were Gulf War presumptive conditions.

A complete copy of the AFPC/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 9 Dec 15 for review and comment within 30 days (Exhibit D).  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 opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not 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.

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-2015-02885 in Executive Session on 18 Oct 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 2 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDC, dated 3 Nov 15,
  w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 9 Dec 15.