RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03430 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Left Knee Condition and Limited Flexion of Left Knee be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. _________________________________________________________________ APPLICANT CONTENDS THAT: He twisted his left knee during a combat exercise. The injury was not worded correctly in his medical records and as such he was denied CRSC. Since his knee injury he is no longer able to control his weight, cholesterol and stress with exercise. In support of his request, he provided documentation associated with his CRSC application. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 12 Jun 71, the applicant contracted his initial enlistment in the Regular Air Force. He was progressively promoted to the grade of lieutenant colonel having assumed that grade effective and with a date of rank of 1 Feb 88. He was honorably retired on 1 Jan 92. He submitted an application for CRSC for Left Knee Condition and Limited Flexion of Left Knee and it was disapproved on 20 Jan 05. There was no evidence provided to confirm his disability was the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSD recommends denial. DPSD states the applicant's medical condition does not the meet the mandatory criteria for compensation under the CRSC program. No evidence was located to substantiate his medical condition was a direct result of a combat-related event. In accordance, with the DD Form 2860, Claim for Combat Related Special Compensation, the fact that a member incurred, the disability while participating in a simulated combat operations is not sufficient by itself to support a combat-related determination. There must be a definite, documented, causal relationship between the simulated armed conflict and the resulting disability. The documentation provided does not identify the specific events surrounding the actual injury. Being on the combat course does not indicate the member was actually participating in a combat scenario. APFC/DPSD's complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force evaluation and states he did not receive a hard copy of the 20 Jan 05 decision of his initial application for CRSC until this year. The AF Form 899 he provided clearly establishes he was assigned to/and participated in combat training. The treatment he received for this injury at Wilford Hall Medical Center also confirms this. Several of his subsequent injuries and treatments to his left knee refer back to his initial injury. He further states the statute requires that a disability be "service connected" and incurred "in the performance of duty under conditions simulating war…" The DD Form 2860, Claim for Combat-Related Special Compensation (CSRS) defines the duty under conditions simulating war as one "resulting from simulated combat activity during military training" and provides examples such as "war games," "tactical exercises," "leadership reaction courses," and "negotiating combat confidence and obstacle courses," all of which were part of the 30ZR8124 course where he injured his knee. His complete response 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 error or injustice. The available evidence of record does not support a finding that the service- connected medical condition the applicant believes is combat- related was incurred as the direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war; and, therefore, does not qualify for compensation under the CRSC Act. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an 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-2008-03430 in Executive Session on 23 Feb 09, under the provisions of AFI 36-2603: Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Sep 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPPD, dated 23 Oct 08, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 31 Oct 08. Exhibit E. Letter, Applicant, dated 20 Nov 08.