RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00253 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: He be entitled to benefits under the Combat-Related Special Compensation (CRSC) program. APPLICANT CONTENDS THAT: He was twice denied by the CRSC board because his Navy Achievement Medal state’s “high-risk or imminent danger” instead of “hostile.” He was medically retired by the Air Force where both the Department of Veterans Affairs (DVA) and the Secretary of the Air Force (SecAF) ruled that he has combat-related Post- Traumatic Stress Disorder (PTSD). He has been treated for PTSD for over five and a half years and has exhausted every lead in trying to get classified information on how many times he was attacked to be entitled to CRSC. His PTSD is also due to all of the dead human body parts from Improvised Explosive Devices (IED), sniper shots, Rocket Propelled Grenade (RPG) and mortar attacks he witnessed during his six and one half years in the Marines. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 22 Jun 07, the applicant initially entered the Regular Air Force as a chaplain. On 10 Apr 12, a Medical Evaluation Board (MEB) diagnosed the applicant with PTSD, Depressive Disorder and Obstructive Sleep Apnea and referred the applicant’s case to the Informal Physical Evaluation Board (IPEB). On 22 Jun 12, the IPEB diagnosed the applicant with Category I, PTSD and Depressive Disorder (Combat-Related); Category II, Obstructive Sleep Apnea, Right Shoulder Impingement Syndrome, Right Knee Strain, Left Knee Strain, Lumbar Strain to Include Mild Degenerative Disc Disease, Cervical Strain with Mild Degenerative Disc Disease, Chronic Rhinitis, and Reactive Airway Disease. The IPEB recommended the applicant be placed on the Temporary Disability Retired List (TDRL) with a compensable disability rating of 50 percent. On 28 Jan 13, the applicant was relieved from active duty, and on 29 Jan 13, he was placed on the TDRL with a compensable percentage for physical disability of 50 percent, Combat- Related. He was credited with 12 years and 04 months of active service for retirement and 25 years, 11 months and 11 days of service for basic pay. On 14 May 14, the IPEB recommended the applicant be removed from the TDRL and permanently disability retired based on his conditions of PTSD and Depressive Disorder (Combat-Related). Based on the applicant’s conditions of PTSD and Depressive Disorder, In Accordance With (IAW) the Veterans Affairs Schedule for Rating Disabilities (VASRD) he was given hyphenated codes 9434-9411, with a compensable percentage for physical disability of 50 percent. On 12 Aug 14, officials within the Office of the Secretary of the Air Force Personnel Council (SAFPC) determined the applicant was physically unfit for continued military service due to physical disability and directed the applicant be removed from the TDRL and permanently disability retired with a 50 percent disability rating. On 1 Sep 14, the applicant was removed from the TDRL and permanently disability retired with a compensable percentage for physical disability of 50 percent. AIR FORCE EVALUATION: AFPC/DPFDC recommends denial indicating the applicant’s condition of PTSD does not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of Title 10 U.S.C., Section 1413a and the Office of the Under Secretary of Defense (OUSD) Guidance. There is no documentation confirming his PTSD was a direct result of exposure to hostile fire. DPFDC notes the applicant submitted an initial claim for CRSC for PTSD, sleep apnea, right shoulder bursitis, left knee synovitis, lumbar strain, cervical strain, chronic rhinitis, and right knee synovitis. However, on 18 Jun 13, his claim was disapproved. On 19 Sep 13, the CRSC board disapproved the applicant’s request for reconsideration of compensation for his PTSD; noting that no evidence was provided to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. Per Office of the Under Secretary of Defense Guidance Section 1413a, Title 10, U,S.C. Revised Jan 04 (Atch 3), page 9, first paragraph, reflects, “Determinations of whether a disability is combat related will be based on the preponderance of available documentary information where quality of information is more important than quantity. 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.” When making combat-related determinations for PTSD under the Armed Conflict criteria, the CRSC board looks for instances of direct combat exposure, such as direct exposure to gunfire or mortar attack. 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 caring for wounded or dead), do not qualify for CRSC. A review of documentation does not confirm the applicant was directly exposed to hostile fire. His Fitness Report for the period 1 Feb 04 to 29 Dec 04 reflects, “As the primary chaplain for an entire field hospital, he provided superior pastoral care to the wounded, and to medical personnel dealing with the trauma of mass casualties.” His Navy and Marine Corps Achievement Medal for the period 1 May 02 to 31 Dec 04 reflects “Ministering in areas of high-risk or imminent danger, he became a refuge of peace and solace for those service members and families under his care.” DPFDC noted the AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB), found the applicant’s PTSD 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 a guidance which determines a member's ability to remain fit for active duty. However, their decision does not automatically qualify a disability as combat-related under the CRSC program. DPFDC notes the standards are much more rigorous when determining disabilities under current criteria. DPFDC 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. 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 30 Jun 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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. 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 its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2015-00253 in Executive Session on 16 Feb 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00253 was considered: Exhibit A. DD Form 149, dated 15 Nov 13, w/atchs. Exhibit B. Excerpts from Personnel Records. Exhibit C. Letter, AFPC/DPFDC, dated 24 Mar 15. Exhibit D. Letter, SAF/MRBR, dated 30 Jun 15.