RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03871 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to benefits under the Combat-Related Special Compensation (CRSC) program for his service-connected medical conditions. ________________________________________________________________ APPLICANT CONTENDS THAT: His personnel record was never reviewed to have his conditions added. He has been applying to the Air Force and the Department of Veterans Affairs (DVA) to have his conditions rated as combat- related. In support of his appeal, he provides excerpts from his personnel records and DVA documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 29 Apr 97, the applicant’s name was placed on the Temporary Disability Retired List (TDRL) with a compensable disability rating of 30 percent. His disabilities were deemed as noncombat-related. He was credited with 14 years, 5 months, and 1 day of active duty service. According to information provided by the Air Force office of Primary Responsibility (OPR), from the DVA Regional Office, dated 15 Sep 09, the DVA rated the applicant with a compensable disability rating of 100 percent for Psychotic Disorder and 10 percent for chronic back strain. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFDC recommends denial. These conditions did not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of Title 10 U.S.C. § 1413a, and the Office of the Under Secretary of Defense (OUSD) Guidance. The documentation provided did not reflect a combat-related event as the direct cause of the applicant’s medical conditions. 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 his original request, the applicant reflects his psychotic disorder was incurred as the result of an instrument of war during the Gulf War while conducting jet engine intermediate maintenance. In his subsequent request, he contends he was "injured during a field training exercise" and that he "went to war back in the spring of 1991, fixing aircraft at Carswell A.F.B. Texas." Per the OUSD Guidance, determinations of whether a disability is combat related will be based on the preponderance of the available documentary information. All relevant documentary information is to be weighed in relation to known facts and circumstances, and determinations will be made on the basis of credible, objective documentary information in the records as distinguished from personal opinion, speculation, or conjecture. Furthermore, in accordance with DD Form 2860, Claim/of Combat- Related Special Compensation (CRSC), the fact that a member incurred a disability during a period of simulating war, in an area of simulated armed conflict, while participating in simulated combat operations, or while participating in (or in support of) combat operations is not sufficient by itself to support a combat-related determination. There must be a definite, documented, causal relationship between the armed conflict/simulated armed conflict and the resulting disability. Similarly, to be approved for CRSC under the Instrumentality of War criteria there must be a direct, documented, causal relationship between the Instrumentality of War and the resulting disability (injury must be caused by the Instrumentality of War itself). Simply performing maintenance on a military aircraft, without documentation confirming a combat related scenario as the direct cause of a specific injury would not be approvable for CRSC. Documentation provided does not reflect a combat-related event as the direct cause of the applicant’s medical conditions. The complete DPFDC evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. 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 Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2013-03871 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to Docket Number BC-2013-03871 was considered: Exhibit A. DD Form 149, dated 13 Aug 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPFDC, dated 27 Sep 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14. 1