RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00750

   	COUNSEL: NONE 
	
 	HEARING:  NO

APPLICANT REQUESTS:

1.  The “No” in Block 10E of his AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (Informal), dated 7 Mar 17, be changed to “Yes” to indicate his disability is combat-related.  (Administratively corrected)  

2.  Special Order No. ACD-02645, dated 9 Jun 17, which placed him into medical retirement be changed to reflect “Yes” after the statement “Disability was the direct result of a combat related injury as defined in 26 U.S.C. 104.” (Administratively corrected) 
 
3.  He be approved to receive Combat-related Special Compensation (CRSC).

APPLICANT CONTENDS:

On 3 Apr 03, while on Title 10 orders as a member of the Army National Guard and participating in the Army Leadership Reaction Course, he injured his right knee.   His knee injuries were determined to be unfitting in Mar 17, and he was medically retired with a 70 percent disability rating.  At the time the injury occurred, he was in a simulated war environment.  Therefore, his knee injuries qualify for CRSC.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 25 Jul 03, the applicant was furnished an honorable discharge certificate from the Army National Guard, and was credited with 9 months and 4 days of total active service.  

The applicant served in the Air National Guard (ANG) in the grade of staff sergeant.  

On 7 Mar 17, the Informal Physical Evaluation Board (IPEB) determined the applicant was unfit for further military service due to right knee osteoarthritis, post knee replacement, his disability was not 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 he be permanently medically retired with a combined compensable percentage of 70 percent. 

Under Special Order No. ACD-02645, dated 9 Jun 17, the applicant was permanently disability retired with a compensable disability rating of 70 percent, effective 27 Jun 17, and was credited with 3 years, 3 months, and 19 days of active service for retirement.  

On 9 Nov 17, the applicant submitted a claim for CRSC for the same right knee condition, which was disapproved on 26 Jan 18.   

On 13 Mar 18, the IPEB determined the applicants disabilities were incurred under conditions simulating war, amended his AF Form 356, dated 7 Mar 17, and issued Special Order ACD-01912, dated 13 Mar 18, to indicate his disabilities were combat-related.
 
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 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 combat-related determination.  There must be a definite, documented, causal relationship between the simulated armed conflict and the resulting disability.  After reviewing the application and submitted documentation, AFPC/DPFDC was unable to identify a combat-related event as the cause of the applicant’s injuries.  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 22 Jun 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

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/DPFDC and finds a preponderance of the evidence does not substantiate the applicant’s contentions. 

THE BOARD RECOMMENDS:

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-2018-00750 in Executive Session on 1 Aug 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 18 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 23 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 22 Jun 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.