ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01872-2

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The Board reconsider his request to change his disability rating from 30 percent to 100 percent.   

In addition to his original request, the applicant is also asking that his unfit medical condition, persistent chest pain with bicuspid aortic valve condition, be found as combat-related, as a direct result of armed conflict as defined in 26 USC 104 combat related determination.

RESUME OF THE CASE

The applicant is a medically retired Air Force staff sergeant (E-5).  

On 6 Jun 18, the Board considered and denied his request to change his disability rating from 30 percent to 100 percent; finding the applicant had provided insufficient evidence of an error or injustice to justify relief.  The Board concurred with the rationale and recommendation of the Air Force offices of primary responsibility and found that a preponderance of the evidence did not substantiate the applicant’s contentions.  The applicant’s contentions were duly noted; however, the Board did not find these assertions, in and by themselves, sufficiently persuasive to override the evidence of record or the rationale provided by the AFBCMR Psychiatric and Medical Consultants and the other pertinent advisory opinion.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit G. 

On 3 Jun 21, the applicant requested reconsideration of his request to change his disability rating from 30 percent to 100 percent.  He also requested that his unfit medical condition, persistent chest pain with bicuspid aortic valve condition, be found as combat-related.  He states his disability rating should be changed due to the treatment he received on two failed open heart surgeries, a shortened life span due to three surgeries, mechanical aortic heart valve, blood thinner treatment for life, potential Post-Traumatic Stress Disorder (PTSD) with fear of dying, and pain and suffering from three open heart surgeries.  His heart condition worsened during his deployment to Bahrain which caused his requirement for open heart surgery.  His Department of Veterans Affairs (DVA) rating of 100 percent for his PTSD needs to be added to his medical retirement rating.  In support of his reconsideration request, the applicant submitted his DVA disability rating as new evidence. 

The applicant’s complete submission is at Exhibit H.

APPLICABLE AUTHORITY/GUIDANCE

DoDI 1332.18, Disability Evaluation System (DES), Appendix 5 to Enclosure 3, “Combat Related” covers injuries and diseases attributable to the special dangers associated with armed conflict or the preparation or training for armed conflict.  A disability is considered combat-related if it makes the member unfit or contributes to unfitness and the preponderance of evidence shows it was incurred under any of the following circumstances; as a direct result of armed conflict; while engaged in hazardous service; under conditions simulating war; or caused by an instrumentality of war.  Armed conflict is defined as a war, expedition, occupation of an area or territory, battle, skirmish, raid, invasion, rebellion, insurrection, guerilla action, riot, or any other action in which service members are engaged with a hostile or belligerent nation, faction, force, or terrorist.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  Furthermore, the Board considered the additional evidence submitted by the applicant; however, it is not sufficient to overturn the previous Board’s decision.  As stated in his previous case, the military’s DES established to maintain a fit and vital fighting force, can by law, under Title 10, United States Code (U.S.C.), only offer compensation for those service incurred diseases or injuries, which specifically rendered a member unfit for continued active service and were the cause for career termination; and then only for the degree of impairment present at the “snapshot” time of separation and not based on post-service progression of disease or injury. The Board found no documentation during service or from the Temporary Disability Retired List (TDRL) timeframe indicating the applicant had experienced any PTSD symptoms from his surgeries that would render him unfit to serve or cause his career termination.  Nor did the Board find sufficient evidence to indicate that his heart functioning warranted a higher disability rating at the time of his release from the TDRL.  Additionally, the Board did not find that his medical condition of persistent chest pain with bicuspid aortic valve condition was a direct result of armed conflict; while engaged in hazardous service; under conditions simulating war; or caused by an instrumentality of war.   Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-01872-2 in Executive Session on 18 Aug 21:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit G:	Record of Proceedings, w/ Exhibits A-F, dated 6 Jun 18.
Exhibit H:	Application, DD Form 149, w/atch, dated 2 Jun 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.