RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00335 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Combat-Related Special Compensation (CRSC) determination be changed to show that it was combat related effective 5 October 2004. APPLICANT CONTENDS THAT: His medical records indicate that his hand was caught between a trailer hitch and a trailer. However, his right hand was not crushed by a regular trailer rather between two tactical military combat vehicles. The DD Form 2860, Application for Combat Related Special Compensation (CRSC), defines an "instrumentality of war" as "a vehicle, vessel, or device designed primarily for Military Service and intended for use in such Service at the time of the occurrence or injury." He believes the two tactical vehicles meet the "instrumentality of war" definition. As such, his injury was caused by an instrumentality of war during military service. In support of his request, the applicant provides a DVD made while he was in Korea, extracts from Joint Publication 1-02, DoD Dictionary Military and Associated Terms; Ground Mishap Report, letters and various other documents he believes shows the original determination was in error. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 May 1982, the applicant entered the Regular Air Force. On 1 January 2003, the applicant retired after serving 20 years, 7 months and 21 days of active duty. Via DD Form 2860 dated 26 September 2004, the applicant applied for CRSC for an injury to his hand as a result of a mishap. In a letter from the CRSC, USAF Physical Disability Division, dated 5 October 2004, the applicant’s request for CRSC was disapproved. According to the applicant’s Department of Veterans Affairs (DVA) Rating Decision dated 29 January 2003, the DVA determined that a service connection for residuals, status post fracture, right little finger with scar was granted with an evaluation of 10 percent effective 1 January 2003. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFDC recommends denial indicating there is no evidence of an error or an injustice. The applicant submitted a claim for CRSC for his right little finger fracture. His claim was disapproved 5 October 2004. No subsequent reconsideration requests have been received from the applicant. No evidence was provided to confirm this disability was the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war. Medical documents from the time of the applicant’s injury (1 March 1995) reflect his right small finger was crushed when it was caught between a trailer hitch and a trailer. He feels his condition should be approved under the Instrumentality of War criteria. When making combat-related determinations under Instrumentality of War criteria, the board looks for a vehicle/vessel/device's uniqueness to military or combat. Just because a vehicle/vessel/device is being used by the military is not, in and of itself, sufficient for a combat-related determination. Furthermore, there is no other combat-related event identified as the cause of the scenario. The applicant and his co-workers were picking up a shelter from vehicle maintenance. The shelter was being pushed to line up with the cargo truck, they were on a downhill slope, the shelter picked up speed, the applicant raised the tongue of the shelter and his hand became caught between the objects. There was no military exercise scenario going on at the time of the injury. The applicant’s condition [fracture of right little finger] does not meet the mandatory criteria for compensation under the CRSC program as outlined under the provisions of Title 10 United States Code, Section 1413a, Combat-Related Special Compensation, (Title 10 USC § 1413a), and Office of the Under Secretary of Defense (OUSD) Guidance. While his injury is sufficient for service connection with the DVA it does not meet the more stringent criteria for combat-related determination. 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. To grant relief would be contrary to the criteria established under the provisions of Title 10 USC § 1413a, and OUSD Guidance. A complete copy of the DPFDC evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The M925A2 truck is designed primarily for military service. It is a cargo truck in the same manner that an F-16 is an airplane; however, both were clearly designed for military service. The M925A2 is not a commercial vehicle that was adapted for military use; it was specifically designed for it. It cannot be purchased from a commercial dealer - the military is the sole user of this truck. It is also not a commercial cargo truck painted camouflage to appear military. The same argument applies to the 5530 shelter and accompanying mobilizer. Furthermore, the OPR also indicates that he should have asked them for reconsideration; however the original denial letter he received states “If you feel there is an error in our military record or in the CRSC decision, that has resulted in the denial of your application, you may apply for a correction of your military records on the enclosed DD Form 149.” There was an error in the CRSC decision and he appealed to the Board in accordance with the guidance in the letter. The applicant’s 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 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 an error or injustice. The available evidence of record does not support a finding that the service- connected medical condition he 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 note the applicant contends his right hand was crushed between two tactical military combat vehicles, however, we do not find his assertions sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility. 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 that 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 in this application. 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-2015-00335 in Executive Session on 1 September 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 January 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFDC dated 22 April 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 9 July 2015. Exhibit E. Letter, Applicant, dated 27 July 2015.