RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04061

 						COUNSEL:  NONE

 						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The deceased service member’s record be corrected to reflect he was granted Combat-Related Special Compensation (CRSC) effective 21 April 2003 for his prostate cancer associated with herbicide exposure.    

APPLICANT CONTENDS THAT:

On 8 May 2015, she was notified by the Department of Veterans Affairs (DVA) that the deceased service member was granted a rating of 100 percent for his service connected disability condition of prostate cancer status post radical prostatectomy associated with herbicide exposure effective 21 April 2003.  She was advised he may have been entitled to CRSC for this condition.  Since CRSC was not automatic she was advised to apply to receive his CRSC.

The disability office at Randolph AFB, TX informed her that the deceased service member must have completed a DD Form 2860, Claim for Combat-Related Special Compensation (CRSC), prior to his death.  She was advised she could submit a DD Form 149, Application for Correction of Military Records, since the former service member is deceased.  

Not correcting the record would be an injustice since it has been proven that he was exposed to Agent Orange while stationed in Thailand.  He tried to resolve this issue prior to his death and filed appeal after appeal after being diagnosed with prostate cancer.  He always believed he had prostate cancer while serving in the military.  He sought medical treatment from the VA hospital after his retirement but unfortunately the VA failed to recognize the elevation of his prostate specific antigens and diagnose the prostate cancer.  The prostate cancer was diagnosed by a private doctor outside of the VA.  It took seven years after his death for his initial claim of exposure to Agent Orange to be proven.  The DVA has confirmed his disability was the result of combat-related exposure to Agent Orange.

In further support of her request, the applicant provides a copy of the DVA rating decision dated 8 May 2015 granting the decedent a 100 percent rating for the service connected disability condition of prostate cancer status post radical prostatectomy associated with herbicide exposure effective 21 April 2003.        

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

STATEMENT OF FACTS:

The deceased service member retired on 31 December 1996 in the grade of Senior Master Sergeant (SMSgt, E-8).  He served 26 years and 15 days of active duty service.  

According to the death certificate issued by the State of Oklahoma, the former service member died on 27 July 2008.  The underlying cause of death listed is “adenocarcinoma of prostate.”  

Public Law 107-314 established the CRSC program which provides compensation to certain retirees with combat-related disabilities that qualify under established criteria.

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.  Disabilities awarded secondary to Agent Orange exposure are approvable for CRSC; however, in accordance with guidance, DPFDC is not authorized to consider claims for veterans who have not signed a DD Form 2860.  Additionally, Defense Finance and Accounting Service (DFAS) would cease payment on the last day of the month prior to a member’s deceased date.  Furthermore, since a rating of 100 percent would make the decedent eligible for Concurrent Retirement and Disability Pay (CRDP), DFAS would determine if he was eligible for retroactive payments through CRDP.

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 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.  Since the compensation is not subject to any survivor benefit provisions under Chapter 73, Title 10 U.S.C., the veteran must actually submit a claim for CRSC prior to their death in order to be awarded the compensation.  

DPFDC received an initial claim for CRSC from the applicant on 4 January 2008.  The claim was denied on 24 January 2008 as his disabilities of migraine headaches, allergic rhinitis, Post-traumatic Stress Disorder (PTSD), hemorrhoids, hypertensive vascular disease, traumatic arthritis (right elbow) and varicose veins (left leg) were non-combat related.  The decedent’s claim did not include prostate cancer.  Further, CRSC is not subject to survivor benefit provisions; therefore this compensation cannot be awarded to survivors of the service member.  

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 7 June 2016 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief.  We note the applicant requests the deceased service member’s records be corrected to reflect CRSC for his service connected condition of prostate cancer status post radical prostatectomy associated with herbicide exposure effective 21 April 2003; however, we are persuaded the effective date should be 4 January 2008, the date of the decedent’s initial claim for CRSC which did not include the condition of prostate cancer.  In this respect, we note Chapter 73, Title 10 U.S.C., requires a veteran must actually submit a claim for CRSC in order to be awarded the compensation.  In this respect, it is our opinion the deceased service member would have included the condition of post radical prostatectomy associated with herbicide exposure in his CRSC claim dated 4 January 2008 had he been timely diagnosed and approved for the service connected disability rating by the DVA at the time of his CRSC application.   Moreover, we also find the DVA rating decision dated 8 May 2015 which states service connection for post radical prostatectomy associated with herbicide exposure was granted with a 100 percent rating effective 21 April 2003 further substantiates the condition would have been included in his CRSC application, along with his other service connected disabilities, had there not been a delay in the DVA rating decision.  Furthermore, as stated by AFPC/DPFDC, disabilities awarded secondary to Agent Orange are approved for CRSC; therefore, we recommend in the interest of justice the decedent’s record be corrected to reflect his condition of prostate cancer status post radical prostatectomy associated with herbicide exposure qualified for compensation under the CRSC Act.  Accordingly, we recommend the decedent’s record be corrected to the extent indicated below.  

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the DECEASED FORMER SERVICE MEMBER be corrected to show that his condition of prostate cancer status post radical prostatectomy associated with herbicide exposure, with service connected disability rating of 100 percent was found combat-related effective 4 January 2008.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04061 in Executive Session on 8 September 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04061 was considered:

	Exhibit A.  DD Form 149, dated 20 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPFDC, dated 4 May 2016,
  		  w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 7 June 2016. 

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.