RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00992

XXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His service-connected knee injury be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act.

APPLICANT’S CONTENTIONS

His claims submitted for CRSC on 9 Sep 16 and 28 Oct 16 did not address his injuries that occurred during annual field training 18-20 Jun 82, when he fell into a foxhole.  These were injuries obtained while simulating war.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air National Guard technical sergeant (E-6).

The Department of Veterans Affairs (DVA) rating decision, dated 8 Dec 04, provided by the applicant, indicates he was awarded a 10 percent disability for a service connected left knee injury.

The Reserve Order Number EL-3255, dated 26 Apr 16, indicates the applicant was placed on the USAF Retired List in the grade of technical sergeant effective 31 Aug 16.  

AFPC/DPFDC letter, dated 16 Dec 16, provided by the applicant, states his claim for CRSC was denied because the medical evidence he submitted did not show how he injured his left knee.

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

AIR FORCE EVALUATION

AFPC/DPFDC recommends denying the application.  The fact that a member incurred the disability during a period of war; while serving in an area of armed conflict; and/or while participating in combat operations is not sufficient by itself to support a combat-related determination IAW 10 U.S. C. Section 1413a and DoD Financial Management Regulation, Vol 7B Chapter 6.  When making combat-related determinations, with regard to Armed Conflict, Hazardous Service, Simulation of War or an Instrument of War, the board looks for definite, documented, causal relationship between the armed conflict and the resulting disability.  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, the CRSC program is designed to provide compensation for combat-related injuries and its standards are much more rigorous when determining if claimed disabilities qualify as combat related.  There is no evidence provided by the applicant that confirms both the injuries and how they occurred (combat-related event) to confirm his disabilities were a direct result of Armed Conflict, Hazardous Service, Simulation of War or an Instrument of War.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 26 Aug 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2017-00992 in Executive Session on 22 Jan 21:

Panel Chair
Panel Member
Panel Member

All members voted against correcting 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 13 Jul 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 26 Aug 20.

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