RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01724

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His disability percentage and his Combat Related Special Compensation (CRSC) payment be adjusted and corrected.

APPLICANT CONTENDS THAT:

Two Line of Duty determinations were not considered in his initial claim to include hearing loss and a back injury that occurred while he was deployed in a combat zone in 2008, which was deemed not service connected until last year after requesting an increase in his VA benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

Per Standard Form 93, Report of Medical History, dated 08 Jun 02, the applicant noted that he suffered from hearing loss in 1996 due to growth around the left ear drum and that it had been surgically removed.

Per Standard Form 88, Report of Medical Examination, dated 08 Jun 02, the clinician noted block 40 that the applicant’s “hearing loss is disqualifying and that an operation may improve hearing to qualifying levels.”  Block 46 states the applicant was not qualified for enlistment noting “per regs due to hearing loss.”

The Medical Record from Kirkuk Regional Air Base, 506th EMEDS, provide by the applicant, on 22 Nov 07, he was evaluated for a complaint of lower back pain.  Per notes by the clinician, the applicant recalls no trauma or other event associated with initial onset.

Per AF Form 910, Enlisted Performance Report (AB thru TSgt), closing date of 31 Dec 07, the applicant received a rating of “5” out of a possible “5”.

Per AF Form 910, closing date of 31 Dec 09, the applicant received a rating of “5” out of a possible “5”.

On 20 Jun 13, the Informal Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB) diagnosed the applicant with one unfitting condition which was compensable and ratable.  Post-Traumatic Stress Disorder, Chronic with Dementia due to general medical conditions, without behavioral disturbance with Depressive Disorder, NOS (Combat Zone, not Combat Related) with a disability compensating rating of 70 percent.  Category II – conditions that can be unfitting but are not currently compensable or ratable included the applicants Lumbar Strain with Degenerative Disc Disease and a Non-painful scar behind his left ear.  The recommended disposition in block 12 reflected Temporary Retirement – Reevaluate in six months.

On 23 Aug 13, per AF Form 1180, Action on Physical Evaluation Board Findings and Recommended Disposition, the applicant did not agree with the findings and recommendation disposition of the formal PEB and requested his case be referred to the Secretary of the Air Force Personnel Committee (SAFPC) for review and final decision.

On 20 Sep 13, the applicant requested to waive his Secretarial appellate rights and withdraw his appeal of his medical case under the Disability Evaluation System (DES).

On 28 Dec 13, per Special Order No. ACD-00302, the applicant was relieved from active duty and placed on the Temporary Disability Retired List (TDRL) with a compensable percentage disability of 70 percent.

On 13 Apr 16, per Special Order No. ACD-01702, the applicant was removed from the TDRL and retired with a compensable percentage of 30 percent for physical disability.

On 19 Mar 18, per the letter to the Board, the applicant provided a statement that on 22 Nov 07, while walking to work in the dark, he stepped off a step down and went end over end with a full load of gear on and that is how he injured his back.  He was assisted by a fellow airman and proceeded to the 506th SFS Med Group for an evaluation. 

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 based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant submitted a claim on 26 Jun 15 and was partially approved for Post-Traumatic Stress Disorder on 16 Jul 15.  His lumbosacral or cervical strain (lumbar) disability was disapproved as non-combat related.  The applicant provided no evidence to confirm this injury was the direct result of armed conflict.  When making combat-related determinations for disabilities, the Board looks for definite, documented, casual relationship between the armed conflict and the resulting disability.  The Informal Line of Duty the applicant provided indicates that his injury occurred while deployed in the line of duty.  It does not indicate that his injury was the result of armed conflict.  The fact that a member incurred a disability during a period of war; an area of armed conflict and/or while participating in combat operations is not sufficient to support a combat related determination IAW 10 U.S.C. Section 1413a and DoD Financial Management Regulation, Vol 7B Chapter 63.

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 03 Jul 18 for comment (Exhibit D), 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 error or injustice.  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.  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-2018-01724 in Executive Session on 15 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Apr 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 07 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 03 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-2018-01724.