RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02090 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His military record be corrected to reflect the combat related injury he incurred: Post Traumatic Stress Disorder (PTSD). ________________________________________________________________ APPLICANT CONTENDS THAT: His record does not contain his combat related injury because it was not diagnosed until after he retired. His injury was incurred during Operation Allied Force, in which, he flew 249.7 combat flying hours from 20 April 1999 to 4 May 1999. The Department of Defense recently changed their position relating to security clearances. Once he became aware of the change, he was able to seek treatment without fear of damaging his career. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of his Department of Veterans Appeals (DAV) rating decision and other supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired on 31 May 2003 in the grade of master sergeant (E-7) after serving 21 years, 2 months and 1 day of active duty service. A DVA Rating decision, dated 5 March 2011, indicates the applicant was granted a rating of 50 percent for his service connected PTSD. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. The CRSC program was established to provide compensation to certain retirees with combat-related disabilities under Title 10 U.S.C, Section 1413a. If the veteran does not satisfy the preliminary CRSC criteria, no further consideration is required and the claim is denied. However, the applicant has not submitted a claim for CRSC as required by law. The VA awards service connected disabilities based on their standards. While service connected disability is required for initial legibility for CRSC consideration, CRSC criteria is more stringent and requires documentation to support a qualifying combat-related event as the direct cause of a disability. The applicant has submitted documentation with this application stating he successfully flew 29 combat missions amassing 249.7 combat flying hours, however, this does not conclusively show exposure to hostile fire. In accordance with DD Form 2860, Claim for Combat-Related Special Compensation, the fact that a member incurred a disability in an area of armed conflict, while participating in combat operations or during a period of hazardous service is not sufficient by itself to support a combat related determination. In order to be considered for PTSD under the CRSC program, the applicant must complete a signed claim form and return to DPSDC. Based on the documentation submitted with this application, insufficient documentation has been provided to make a combat related determination. Accordingly, they are unable to make formal determination at this time. The complete DPSDC evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 July 2011, for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. The applicant has requested that his service records be amended to reflect that he incurred a combat related injury of Post Traumatic Stress Disorder while performing official duties during Operation Allied Force. The applicant is also seeking to have his records confirm that his service-connected PTSD qualifies for benefits under the CRSC Act. However, the applicant has not submitted a claim, as required by law, for consideration of his eligibility under the CRSC program. As indicated by AFPC/DPSDC, the applicant may wish to apply directly to AFPC/DPSDC for consideration for PTSD under the CRSC program. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-02090 in Executive Session on 26 March 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 May 11, w/atchs. Exhibit B. Letter, AFPC/DPSDC, dated 19 Jul 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 29 Jul 11.