RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00488

   	COUNSEL: NONE

	HEARING: NO 

APPLICANT REQUESTS:

His Post-Traumatic Stress Disorder (PTSD) qualify him to receive combat related special compensation (CRSC). 

APPLICANT CONTENDS:

He has PTSD from combat in Iraq and Afghanistan.  He has been denied CRSC repeatedly on the grounds his Schizoaffective Disorder is not combat related.  He has never denied his Schizoaffective Disorder is not combat related.  However, his PTSD is 100 percent combat related.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 6 Sep 05, the applicant was honorably discharged from the Air National Guard (ANG) with a narrative reason for separation of “medical discharge with severance pay,” after serving 10 years, 8 months, and 2 days.  

On 30 Sep 10, the Physical Disability Review Board (PDBR) determined the applicant’s records should be corrected to a finding of unfitness due to Schizoaffective Disorder, Depressed Type, rated at 50 percent disability, and Subacromonial Impingement Syndrome, rated at 20 percent, for a combined disability rating of 60 percent.  

Under Special Order ACD-03366, dated 17 Nov 10, the applicant was permanently disability retired, effective 7 Sep 05, with a compensable percentage for physical disability of 60 percent.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DPFDC recommends denying the application.  When making combat-related determinations for Schizoaffective Disorder, Depressed Type with 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.  The applicant submitted CRSC claims on 5 Dec 14, 25 Jan 15, and 23 Nov 15.  The CRSC Board disapproved each claim because the applicant provided no evidence to establish his disability was the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.  Recommend denial.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 4 Jan 18 for comment (Exhibit D), and the applicant replied on 10 Jan 18.  In his response, the applicant takes exception to the wording of the Air Force evaluation, stating his PTSD has nothing to do with Schizoaffective Disorder.  His PTSD is from three deployments to Iraq and Afghanistan due to blacked out missions into hot airfields, mortar attacks, medical evacuations, and transporting casualties in black backs to be processed to go home.   The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00488 in Executive Session on 5 Sep 18.

Panel Chair  
Panel Member
Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Mar 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 29 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 4 Jan 18.
Exhibit E:	Applicant’s response, dated 10 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings for BC-2017-00488 as required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2017-00488.