RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-02639

	COUNSEL: 

	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His service-connected medical condition, Post-Traumatic Stress Disorder (PTSD) be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

APPLICANT CONTENDS THAT:

His PTSD is combat-related and was incurred while engaged in hazardous service and/or was caused by instrumentalities of war.  He deployed to Iraq in Nov 03 as an OSI agent.  He witnessed multiple traumatic events and experienced symptoms of PTSD after he returned.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force staff sergeant.

On 9 Sep 05, the applicant met a Medical Evaluation Board (MEB) with a diagnosis of PTSD and his case was referred to an Informal Physical Evaluation Board (IPEB).  The IPEB found him unfit for continued military service and recommended separation with a 10 percent disability rating using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations.  On 7 Oct 05, the Secretary of the Air Force Personnel Council directed the applicant be separated for physical disability.

On 14 Jul 10, the Physical Disability Board of Review (PDBR) recommended the applicant’s prior determination be modified to reflect Temporary Disability Retired List (TDRL) at 50 percent for 6 months following the applicant’s prior medical separation    (PTSD at minimum of 50 percent IAW §4.129 and DoD direction) and then a permanent combined 50 percent disability retirement.

The applicant’s initial claim on 3 Jul 12 for CRSC for his PTSD was disapproved on 2 Aug 12. The applicant requested reconsideration of the Board's disapproval of compensation for his disability on 30 Mar 13, 24 Mar 14, 18 Sep 15 and 29 Sep 15.  His claims were disapproved.  No evidence was provided in any claim to confirm his disability was the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.

A Department of Veterans Affairs (DVA) Rating Decision, dated 2 Aug 12, awards PTSD at 30 percent, effective 7 Dec 05, because his condition had been established as directly relating to military service.

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 veteran satisfies the preliminary CRSC criteria, the claim is reviewed for combat-related determination. In accordance with Public Law 107-314, CRSC is payable to retirees who elect benefits under section 1413 of the law.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denying the application.  PTSD "stressors" attributed to the death of individuals, where the member was not directly involved in the event that caused the death(s) (such as seeing/delivering body bags), do not qualify for CRSC.  The complete advisory is at Exhibit C.

The AFBCMR Psychiatric Advisor recommends denying the application.  She found no clinical basis for disagreement with the recommendation from the Air Force Personnel Center and concurs with the existing opinion dated 12 Sep 16 by the CRSC program subject matter experts recommending denial.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluations to the applicant on 4 May 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and the Psychiatric Advisor and find that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2016-02639 in Executive Session on 6 Jun 18:

All members voted not to correct the record.  The panel considered the following:

            Exhibit A:	Application, DD Form 149, w/atchs, dated 30 Jun 16.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, atchs, dated 12 Sep 16.
Exhibit D:	Advisory opinion, AFBCMR Psychiatric Advisor, dated 2 Apr 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 4 May 18

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