RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04192

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His service-connected medical conditions of Left shoulder acromioclavicular joint osteoarthritis; Left ankle arthrosis, status post arthroscopy w/scar; and Tinnitus be assessed as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act.

APPLICANT’S CONTENTIONS

The medical records he provides proves his medical conditions “happened during Combat-Related Special Compensation.”  The records will show that he “was deployed in areas where CRSC happened while he was in the Air Force.”

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

Per the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 1 Jul 07, he retired in the grade of master sergeant.  He served in Air Force Specialty Code 3M071, Service Craftsman. 

On 12 Jun 19, the applicant’s CRSC claim for Left shoulder acromioclavicular joint osteoarthritis was disapproved.

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.  There is no evidence of an error or injustice. There is no evidence to confirm his disabilities were the direct result of Armed Conflict, Hazardous Service, Simulation of War or an Instrument of War.  Medical documents indicates the applicant’s left ankle injury occurred while playing a baseball game and his long history of left shoulder pain started in high school and was reaggravated while picking up a cardboard box.  Several medical documents confirmed his in-service diagnosis for tinnitus; however, tinnitus cannot be considered combat-related unless it is incidental to a combat-related event or due to documented, continual, extensive exposure to combat-related noise.  Medical documents provided did not confirm such exposure.  Additionally, the Air Force Specialty Code (AFSC) listed on the applicant’s DD Form 214, is currently not approvable for compensation for tinnitus unless in-service medical evidence clearly indicates the applicant suffered from acute combat-related trauma resulting in this condition.  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.  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.  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.

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 18 Sep 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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 available evidence of record does not support a finding that the service-connected medical conditions he believes are combat-related were incurred as the direct result of armed conflict, while engaged in hazardous service; and, therefore, do not qualify for compensation under the CRSC Act.  Therefore, 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.  Accordingly, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, 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-2019-04192 in Executive Session on 20 May 20:

, 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 14 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPFDC, dated 16 Sep 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 18 Sep 19.

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.