RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00588

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be awarded Combat-Related Special Compensation (CRSC).

APPLICANT CONTENDS THAT:

His service-connected disabilities of Post Traumatic Stress Disorder (PTSD) and Tinnitus meet the criteria for CRSC.  He was deployed to Afghanistan from Jun 12 - Jun 13 and was exposed to direct and in-direct fire and insider attacks.  Upon his return from deployment, he was diagnosed with PTSD and found no longer fit for duty.  Additionally, while attending Combat Advisor training at Fort Polk, LA from Apr – Jun 12, his ear protection dislodged while engaged in tactical exercises and live-fire training.  This, along with further exposure in Afghanistan as a Quick Reaction Drill instructor caused his Tinnitus.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a permanent disability retired Air Force master sergeant. 

On 25 Jun 15, the Informal Physical Evaluation Board (IPEB) found the applicant unfit for continued military service with diagnosis of PTSD and determined to have incurred in a combat zone or incurred during the performance of duty in combat-related operations.  He was recommended for temporary retirement with reevaluation in six months at a 50 percent disability rating.

On 7 Jul 15, the applicant non-concurred with the IPEB findings and requested an appearance before the FPEB.

On 18 Aug 15, the Formal Physical Evaluation Board (FPEB) found the applicant unfit for continued military service with a diagnosis of PTSD and determined to have incurred in a combat zone or incurred during the performance of duty in combat-related operations.  He was recommended for temporary retirement with at 50 percent disability rating.

On 20 Aug 15, the applicant non-concurred with the FPEB findings and requested reconsideration by the Secretary of the Air Force Personnel Council (SAFPC).

On 18 May 16, SAFPC found the applicant unfit for continued military service with diagnosis of PTSD and determined to have incurred in a combat zone or incurred during the performance of duty in combat-related operations and he was recommended for temporary retirement with a 50% disability rating.

On 28 Jul 16, the applicant was placed on the temporary disability retired list (TDRL) with a compensable percentage of 70 percent for physical disability and was determined to be a direct result of armed conflict or combat related injury. 

On 12 Jan 18, the IPEB found the applicant unfit for continued military service with a diagnosis of PTSD and determined not to have incurred in a combat zone or incurred during the performance of duty in combat-related operations and he was recommended for permanent retirement at 70 percent disability rating.

On 16 Feb 18, the applicant was removed from the TDRL and permanently retired with compensable percentage of 70 percent for physical disability and was determined to be a direct result of armed conflict or combat related injury, effective 8 Mar 18.

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. The applicant submitted claims for CRSC on 28 Jul 15 and 21 Jun 16 for PTSD and Tinnitus, both of which were disapproved due to insufficient service.  The applicant submitted additional claims for CRSC on 13 Sep 16 and 1 Nov 16 for PTSD and Tinnitus, both of which were disapproved due to insufficient documentation for PTSD and non-combat related for Tinnitus.

When making combat-related determinations for PTSD, under the Armed Conflict criteria, the board looks for instances of direct combat exposure such as direct exposure to gunfire or mortar attack. Documentation provided does not indicate or confirm that the applicant was directly exposed to gunfire or mortar attacks.

When making combat-related determinations due to tinnitus, the board considers the occupation of the individual and the continual or direct (close proximity) exposure to combat related noise hazards the individual was subjected to during his or her career. There must be clear documentation of an acoustic trauma occurring due to a combat-related event.  Documentation provided by the applicant does not indicate or confirm he suffered from acoustic combat-related trauma.

Furthermore, the Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB) found the applicant’s, Traumatic Brain Injury, and Post Traumatic Headaches to be combat related or occurred in a combat zone 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.

The complete advisory is at Exhibit C.

BCMR Psychological Advisor recommends denying the application, finds no clinical basis for disagreement with the recommendation from AFPC/DPFDC, and concurs with their recommendation.  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 17 Aug 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was 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 that the applicant is not the victim of an injustice.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and the BCMR Psychological Advisor and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, 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-2017-00588 in Executive Session on 3 Oct 18:

	Panel Chair
	Member
	Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 16 Oct 17.
Exhibit D:	Advisory opinion, BCMR Psychological Advisor, dated 5 Jul 18.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2017-00588.