RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02050

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His vertebral fracture injury be determined combat-related.

APPLICANT CONTENDS THAT:

The original assessment that declared his vertebral fracture injury non-combat related is incorrect due to a lack of documentation.  The additional documentation focusing on his back injury will prove his injury occurred during a single combat related event during the June 1989 Airlift Rodeo. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 1 Dec 93, the applicant retired from the Air Force in the grade of senior master sergeant.  The applicant was assigned to the Retired Reserve until 27 Jun 02.  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 six claims for CRSC compensation, all of which were disapproved due to lack of supporting documentation.  The fact that a member incurred a disability during a period of simulating war or in an area of simulated armed conflict or while participating in simulated combat operations is not sufficient by itself to support a combat-related determination. There must be a definite, documented, causal relationship between the Simulated Armed conflict and the resulting disability. Documentation provided by the applicant does not confirm the disability was a direct result of simulating war.  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 12 Jul 18 for comment (Exhibit D), and the applicant replied on 12 Jul 18.  In his response, the applicant contended that running with a rucksack created his injury, which is no different from a hard landing under a parachute.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

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 that the applicant is not the victim of an error.  The Board concurs with the rationale and recommendation of AFPC/DPFDC and finds that 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 THAT:

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-2017-02050 in Executive Session on 22 Aug 18:

	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 8 Nov 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 9 Jul 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Jul 18.
Exhibit E:	Applicant’s response, dated 12 Jul 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-2017-02050.