RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01069 

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His mental health disorder/depression and tinnitus be approved for Combat Related Special Compensation (CRSC).

APPLICANT CONTENDS THAT:

His depression increased after his deployments, and his separation anxiety from family, and fear of death while driving through potentially hostile areas, were direct triggers for his mental illness episodes, especially depression.  

Also, that his tinnitus is related to driving heavy equipment and tractor trailers while deployed.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Mar 94.

On 8 Dec 06, the applicant was furnished an honorable discharge, and was credited with 12 years, 8 months, and 14 days of active service. 

AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 23 Oct 06, Item 9.A. Diagnosis, reflects Bipolar II Disorder as an unfitting condition; Item 10.C. Disability was the Direct Result of Armed Conflict or was Caused by an Instrumentality of War and Incurred in Line of Duty During a Period of War, reflects NO; and Item 10.D. Disability was the Direct Result of a Combat Related Injury, reflects NO.

Special Order ACD-00148, dated 27 Oct 06, Disability was the Direct Result of a Combat Related Injury as Defined in 26 U.S.C 104: reflects NO.

Optional Form 275, Medical Record Report, Narrative Summary for Medical Examination Board, Page 2, Military History, reflects “No combat/no trauma” for deployments.

The applicant applied for CRSC, and was disapproved 26 Feb 16.

According to DD Form 2860, Claim for Combat-Related Special Compensation, “The fact that a member incurred the disability during a period of war or an area of armed conflict or while participating in combat operations is not sufficient to support a combat-related determination. There must be a definite causal relationship between the armed conflict and the resulting disability.” 

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.  

When making combat-related determinations for Bipolar Disorder and Tinnitus under the Armed Conflict criteria the Board looks for instances of direct combat exposure, such as direct exposure to gunfire or mortar attack or due to documented, continual, extensive exposure to combat-related noise (i.e., aircraft, weapons fire) and the conditions were shown to have manifested while in service.  No evidence was provided to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.

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

AFBCMR Psychiatric Advisor recommends denial indicating there is no evidence of an error or an injustice.  

There is no clinical basis for disagreement with the recommendation from AFPC/DPFDC.  

A complete copy of the MRB Mental Health Advisory evaluation is at Exhibit E.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation and the AFBCMR Psychiatric evaluation was forwarded to the applicant on 10 Mar 17 (Exhibit D) and 3 Jan 18 (Exhibit F) for review and comment within 30 days.  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 AFBCMR Psychiatric Advisor 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-2016-01069 in Executive Session on 13 Feb 18 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01069 was considered:

	Exhibit A.  DD Form 149, 9 Mar 16.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Advisory, AFPC/DPFDC, w/atchs, 16 Jun 16.
	Exhibit D.  Letter, AFBCMR, 10 Mar 17.
Exhibit E.  Advisory, AFBCMR Psychiatric Advisor dated 
            27 Dec 17.
	Exhibit F.  Letter, AFBCMR, 3 Jan 18.

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 pertaining to AFBCMR Docket Number BC-2016-01069, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.