RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01330 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His diagnosis of impairment of femur (pigmented villondular, left hip), back strain (scoliosis), and left leg injury be assessed as combat-related in order to receive compensation under the Combat-Related Special Compensation (CRSC) Act. ________________________________________________________________ APPLICANT CONTENDS THAT: His left hip injury is a result of him being ordered to jump off the back of a military truck during a mobility exercise. His injury is service connected because it was caused by an instrument of war, under simulated war conditions. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 10 Oct 85, he enlisted in the Regular Air Force. On 4 Apr 88, a Medical Evaluation Board (MEB) diagnosed the applicant with pigmented villonodular synovitis, left hip post partial excision and left extensor halluces longus weakness unexplained by electromyography. The MEB found the applicant unfit for continued service on active duty and recommended he be referred to an Informal Physical Evaluation Board (IPEB). On 14 Jun 88, the Secretary of the Air Force (SECAF) directed the applicant be placed on the Temporary Disability Retired List (TDRL) under the provisions of 10 USC 1202. On 5 Jul 88, the applicant was released from active duty and placed on the TDRL. He was credited with 2 years, 8 months and 26 days of total active service. On 31 May 91, the SECAF directed the applicant be removed from the TDRL and permanently retired with a combined 30 percent compensable disability rating, effective 9 Jun 91. According to the Department of Veterans Affairs (DVA) rating decision, dated 22 Mar 13, the applicant’s left fifth metatarsal, pigmented villonodular synovitis of the lift hip, acne, and left extensor halluces longus weakness was listed as service connected with a 70 percent disability rating, effective 1 Dec 12. According to a letter dated 31 Jan 14, the applicant’s CRSC application for impairment of femur (pigmented villondular, left hip) and back strain (scoliosis) was disapproved due to lack of sufficient evidence. The letter also stated that his injuries were non-combat related. According to a letter dated 5 Mar 14, the applicant’s CRSC reconsideration request for his left hip, lower back, and left leg conditions were disapproved, as they were unable to identify a combat-related event as the cause of his left hip and back conditions. Additionally, his left leg condition had not yet been rated by the DVA. According to letters dated 31 Mar 14 and 16 Apr 14, the applicant’s CRSC application for his left hip was disapproved due to lack of sufficient evidence. The letter also stated that his injuries were non-combat related (Exhibits F and G). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFDC recommends denial, indicating the applicant’s claim does not meet the mandatory criteria for compensation under the CRSC program as outlined under Title 10 USC § 1413a and Office of the Under Secretary of Defense (OUSD) Guidance. Injuries incurred from jumping off a truck are not considered combat- related without a combat-related event as the direct cause. 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. The Line of Duty information referenced by the applicant indicates he jumped from the truck after unloading the bags. Per OUSD Guidance, determinations of whether a disability is combat related will be based on the preponderance of 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. In accordance with the DD Form 2860, Claim for Combat-Related Special Compensation, the fact that a member incurred a disability in an area of armed conflict, simulated armed conflict or while participating in combat operations or simulated combat operations, is not sufficient by itself to support a combat-related determination. There must be a definite, documented, casual relationship between the armed or simulated armed conflict and the resulting disability. Additionally, a “truck” is not an Instrument of War (IN). As an example, an instrument of war can include a tank or a military aircraft. Furthermore, the applicant’s condition was not caused by the truck, but rather from jumping off the truck. Jumping off a military vehicle, without an active combat scenario (such as coming under enemy gun fire or mortar attack, and jumping off in order to seek cover) is not approvable for CRSC. Moreover, when the Findings and Recommended Disposition of the PEB find a condition to be combat related in accordance with AFI 36-3212, Physical Evaluation for Retention Retirement, and Separation, their process and standards for determinations are governed under guidance which determines a member's ability to remain fit for active duty. LOD determinations are used to determine if a member's injury was incurred in line of duty or not in line of duty. However, their decisions do not automatically qualify a disability as combat related under the CRSC program. The CRSC program is designed to provide compensation for combat-related injuries. Consequently, the Air Force standards are much more rigorous when determining disabilities under current criteria. The Air Force must look at what caused the condition, the activities taking place at the time, and resulting disability. As such, many disabilities are not approvable for compensation under this program. Finally, the DVA awards service-connected disabilities based on their standards. They resolve doubt in the interest of the veteran and grant service connection for injuries or diseases incurred while in service. While service connection for disabilities is required for initial eligibility for CRSC consideration, CRSC criteria is more stringent. CRSC guidance requires objective documentary evidence in order to support a combat-related determination. Military Departments will determine whether a disability is combat-related using the definitions and criteria set forth in DD Form 2860, CRSC, Appendix A. 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 17 Nov 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 an error or injustice. The available evidence of record does not support a finding that the applicant's service-connected medical conditions were 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, do not qualify for compensation under the CRSC Act. Therefore, 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 the applicant has not been the victim of an error or injustice. 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 the evidence presented did not demonstrate the existence of material 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-2014-01330 in Executive Session on 13 May 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Mar 14, w/atchs. Exhibit B. Pertinent Excerpts from CRSC Applications. Exhibit C. Letter, AFPC/DPFDC, dated 22 May 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 17 Nov 14.