RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03981

   	COUNSEL: NONE

			HEARING: NO

APPLICANT REQUESTS THAT:  

His injuries sustained during active duty be determined to be combat-related and they qualify for Combat-Related Special Compensation (CRSC).

APPLICANT CONTENDS THAT:

In Jun 08, while in combat survival school training, he was placed in a small culvert in a tight ball-like position and shoved three feet in the ground.  He sustained degenerative arthritis (right and left hip, right shoulder and thoracolumbar), cervical strain, forearm, limitation of flexion (right elbow), supination and pronation impairment (right elbow), limitation of extension (left knee) and limited motion (left and right ankle).  The Informal Physical Evaluation Board (IPEB) and the Department of Veteran’s Affairs (DVA) confirmed his medical conditions were combat-related.  The PEB has the requisite authority and expertise to make a determination that an unfitting disability is combat-related on behalf of the Service Secretary.  This determination should be conclusive for all purposes, including CRSC.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:  According to the documentation provided by AFPC/DPFDC:

	a.  The applicant initially entered the Air Force on 24 Nov 03.

	b.  On 27 Jul 16, the IPEB determined the applicant was unfit for further military service due to Right and Left Hip Degenerative Join Disease and Femoral Acetabular Impingement Status Post Arthroplasty, and numerous other medical conditions which were determined not to be currently unfitting.  The IPEB determined these injuries were in-the-line-of-duty (ILOD), and were incurred in a combat zone or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense, and recommended him for permanent retirement with a combined compensable percentage of 80 percent. 

	b.  Under Special Order No. ACD-03495, dated 23 Aug 16, the applicant was permanently disability retired with a compensable percent of physical disability of 80 percent, effective 8 Nov 16.  

	c.  On 30 Nov 16, the DVA increased the applicant’s combined disability rating to 100 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.  On 17 Jan 17, the applicant applied for CRSC for degenerative arthritis (right and left hip, right shoulder and thoracolumbar), cervical strain, forearm, limitation of flexion (right elbow), supination and pronation impairment (right elbow), limitation of extension (left knee) and limited motion (left and right ankle).  On 21 Feb 17, his claim was disapproved due to insufficient documentation.  The applicant requested reconsideration of the Board's disapproval, but was denied on 14 Apr 17. 

The fact 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 CRSC combat-related determination.  There must be a definite, documented, causal relationship between the simulated armed conflict and the resulting disability.  After reviewing his documentation, we were unable to identify a combat-related event as the cause of his disabilities. He was advised to provide in-service medical document(s) at the time of the event confirming his disabilities were the result of a training scenario.  He provided no evidence in either claim to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.

Findings from a Physical Evaluation Board (PEB) determine a member's ability to remain fit for active duty.  However, a PEB decision does not automatically qualify a disability as combat related under the CRSC program.  CRSC standards are much more rigorous when determining disabilities under current criteria, and include what caused the condition, the activities taking place at the time, and resulting disability.  As such, many disabilities are not approvable for compensation under this program.  Recommend denial.  The complete advisory, with attachments, 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 2 Jan 17 for comment (Exhibit D), and the applicant replied on 9 Jan 18.  In his rebuttal, the applicant states the advisories do not comment on all of his injuries, to include his hip replacements, should surgery, neck strain, spine disease, or elbow surgery.  He questions whether the documentation he submitted was even reviewed.  He concedes that he did not go to a doctor right away upon being injured, but believes since the PEB verified his injuries were combat related, he meets the criteria for CRSC.  The applicant’s complete response is at Exhibit E.

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 the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPRDC and finds 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:

1.  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.

2.  The application was adjudicated without a personal appearance.

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-2017-03981 in Executive Session on 8 May 18:

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 25 Aug 17. 
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPRDC, dated 12 Dec 17, w/atchs.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Jan 17.
Exhibit E:	Applicant’s response, dated 9 Jan 17.

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