RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03927

						COUNSEL:  NONE
		(DECEASED)
						HEARING DESIRED:  NO 
		(APPLICANT)

APPLICANT REQUESTS THAT:

She be awarded Combat-Related Special Compensation (CRSC) that was owed to her deceased spouse.  

APPLICANT CONTENDS THAT:

Her deceased spouse was injured while serving at Kunsan Air Base, Korea.  His investigation report shows he was injured in the line of duty while driving a M151-A Jeep.  It was reported that the rear suspension of the M151-A Jeep presented a potential risk to the vehicle driving control.  

The decedent began the process of submitting an application for CRSC; however, due to periods of extreme illness his application became lost and was recently found while preparing other information for submission to the Secretary for the Department of Defense.  

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

STATEMENT OF FACTS:

The decedent’s military personnel records indicate he enlisted in the Regular Air Force on 29 September 1970.  

On 15 March 1972, according to a Narrative Summary, the decedent was injured in a jeep accident, sustaining a C6-7 fracture dislocation with immediate quadriplegia on 2 February 1972.  His prognosis was extremely guarded.  

On 25 April 1972, according to a Narrative Summary Addendum, it was recommended that the decedent be presented to a medical evaluation board (MEB) because he was not qualified for world-wide duty or retention in the service.  His prognosis was poor for any functional return and guarded for rehabilitation.  

On 4 May 1972, a MEB convened and the decedent was diagnosed with a broken neck with paralysis, arms and legs; with an approximate date of origin of 2 February 1972.  The MEB recommended that he be referred to a Physical Evaluation Board (PEB).  

On 12 May 1972, the PEB convened and found the decedent unfit for continued service because of physical disability and determined that his medical condition was incurred in the line of duty.  The PEB determined the decedent’s degree of impairment was permanent and recommended he be permanently retired with a 100 percent compensable disability rating.  

On 1 June 1972, the decedent was relieved from active duty and permanently retired by reason of physical disability, effective 2 June 1972.  He was credited with 1 year, 8 months, and 3 days of active service.  

On 11 June 2003, AFPC/DPPDS notified the decedent that his application for award of CRSC was disapproved due to his failure to meet the service requirement of retirement with 20 or more years’ service.  

On 28 August 2008, AFPC/DPSDC notified the decedent that the 2008 National Defense Authorization Act (NDAA) had expanded CRSC to include medically retired veterans.  His previously submitted claim was reviewed to determine eligibility; however, it was determined his request could not be approved because his disability was non-combat related.  His disability was determined to be service connected based on the Department of Veterans Affairs (VA) standards.  

According to the Certificate of Death, issued by the state of Tennessee, submitted by the applicant, her spouse died on 17 November 2012.  

On 8 September 2014, the applicant initiated a DD Form 2860, Application For Combat-Related Special Compensation (CRSC), seeking assistance through the CRSC program office in regards to the decedent’s understanding he was eligible for CRSC.  

On 16 September 2014, AFPC/DPFDC notified the applicant that CRSC cannot be awarded to survivors of the service member.  Her spouse’s request for reconsideration cannot be considered since it was not signed by him prior to his passing.  

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.  Claims for veterans who have not signed a DD Form 2860, Application for Combat-Related Special Compensation (CRSC), and/or have passed are not authorized to be considered for CRSC.  

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 criteria is satisfied and the retiree elects the benefit, CRSC is payable to the retiree.  Since the compensation is not subject to any survivor benefit provisions, the veteran must actually submit a claim for CRSC prior to death in order to be awarded the compensation.  

The decedent’s initial claim for CRSC was disapproved because he did not meet the service requirement of retirement. 

The decedent’s second claim for CRSC was received on 22 August 2008, which was denied on 28 August 2008, as documentation provided did not confirm a combat-related event as the direct cause of his residual of fracture of his vertebra/back condition.  Specifically, an injury sustained while driving a military vehicle, where the injury was not caused by the vehicle itself, is not considered to be approvable for CRSC.  

The applicant submitted a claim for CRSC, which was denied.  In accordance with provided guidance, authorization cannot be considered for veterans who have not signed a DD Form 2860.  Moreover, CRSC is not subject to any survivor benefit provisions of Chapter 73, Title 10, United States Code; therefore, this compensation cannot be awarded to survivors of a service member.  

A complete copy of the AFPC/DPFDC evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Her spouse initially began the CRSC process review on or about 4 June 2003.  He submitted his second request on 22 August 2008.  His death occurred on 17 November 2012.  His physical condition began to deteriorate in 2008 to a level which delayed his ability to follow-up and appeal in a timely manner.  It is and it was their belief, based on his evaluation records, the decedent was retired at a pay schedule as if he had served 25 years based upon his 100 percent service connected disability.  

The decedent’s claim of 22 August 2008 was based upon the place in which his injury occurred, which was Kunsan Air Base, Korea.  This air base first became a combat-related zone in July 1950 and later became a demilitarized zone.  As such, Kunsan Air Base was a combat-related zone in 2 February 1972 and remains to be one as of today.  

Her spouse began the process, not once but on two occasions.  Thereby, her action should be considered a continuation of his actions.  

The direct cause of her spouse’s fracture of the vertebra/spine/back; total crushing of cervical fusions, C6-7; the life-long loss of bladder and kidney functions and total incapacity of limbs were a direct result of an instrumentality of war, the M151-A Jeep, and the Combat-Related Zone.  As stated in the decedent’s Medical Narrative Summary, his impairment for later life was severe.  

The Air Force’s own findings indicate the inherent instability of the M151-A Jeep suspension system contributed to loss of control, which lead to her spouse’s injury and disability.  Also, the investigative report indicated there was an explosive or other factors on the road which contributed to the accident.  

The applicant’s complete response, with attachments, is at 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.  We took notice of the applicant’s complete submission, to include her rebuttal response, 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.  While the applicant contends the former member’s injury occurred during a combat-related event and was a direct result of an instrumentality of war and should be granted CRSC, we note his claim was thoroughly reviewed and his disability was determined not to meet the mandatory criteria for compensation under the CRSC program.  While the applicant’s contentions are duly noted, she has not provided substantial evidence which, in our opinion, successfully refutes the assessment of the applicant’s case by the Air Force OPR.  Moreover, we note the entitlement to CRSC is uniquely established by relevant laws and regulations governing its benefit and cannot be awarded to survivors of a service member.  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-2015-03927 in Executive Session on 1 December 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03927 was considered:

	Exhibit A.  DD Form 149, dated 6 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDC, dated 1 June 2016.
	Exhibit D.  Letter, AFBCMR, dated 13 June 2016.  
	Exhibit E.  Letter, Applicant, dated 8 July 2016, w/atchs. 

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.