RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01529

XXXXXXXXXXXXXX	COUNSEL: NONE
	 
  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He receive combat-related special compensation (CRSC) benefits for his degenerative disc lumbar and degenerative disc cervical.  

APPLICANT’S CONTENTIONS

He is currently only receiving CRSC for tinnitus.  All three of his disabilities were directly related to combat and simulated combat.  He flew the F-16 aircraft for over 25 years.  He was in combat multiple times and has over 4,000 flying hours pulling gravitational force.  

His CRSC claim should not have been denied.  Flying the F-16 is damaging to a pilot’s neck and back.  The disabilities are in his medical records.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a brigadier general (O-7) in the Air National Guard (ANG).    

The applicant provides Chronological Record of Medical Care dated 18 Jun 14, showing he was seen for mild chronic neck pain, likely occupational stresses from over 4,000 hours in the F-16.  

On 31 Oct 14, the applicant was discharged from the ANG in the grade of colonel (O-6). He was credited with 26 years and 5 days of service for pay.  

Per Reserve Order XXXX dated 16 Jul 14, the applicant was placed on the Retired List effective 1 Nov 14 per 10 U.S.C. § 8911 and AFI 36-3203, Service Retirements, in the grade of lieutenant colonel (highest grade on active duty).

The Department of Veterans Affairs (DVA) Rating Decision dated 21 Jan 15, shows the applicant was assigned a 10 percent service-connected disability rating for his degenerative disc disease, 10 percent rating for his degenerative disc disease, spondylosis, lumbar spine and 10 percent rating for his tinnitus, effective 1 Nov 14.    

Per Special Order XXXX dated 27 Aug 18, by order of the Secretary of the Air Force and the direction of the President, the applicant was extended federal recognition and appointed in the Reserve of the Air Force in the grade of brigadier general.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY/GUIDANCE

Public Law 107-314 established the CRSC program enacted by Congress on 2 Dec 02.  It provides compensation to certain retirees with combat-related disabilities that qualify under established criteria.  

Per 10 U.S.C. § 1413a and the DoD Financial Management Regulation (DOD FMR), Vol 7B, Chapter 6, when making combat-related determination, with regard to Armed Conflict, Hazardous Service, Simulation of War or an Instrument of War.  The DVA awards service-connected disabilities based on their status.  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.  Eligible Air Force retirees should submit a DD Form 2860, Claim for Combat Related Special Compensation, to their Military Department, to the Air Force Personnel Center.  

AIR FORCE EVALUATION

AFPC/DPFDC recommends denial of CRSC for his conditions of degenerative disc disease spondylosis lumbar spine and degenerative disc disease.  The applicant submitted three claims for CRSC compensation and was approved for tinnitus.  The remaining disabilities were disapproved in the initial and subsequent claims as noncombat related.  

The documentation submitted in his BCMR application was reviewed and there is no evidence that confirms how the injuries occurred (combat-related event) or were the direct result of armed conflict, hazardous service, simulation of war or an instrument of war. The fact that a member incurred a 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 in accordance with 10 U.S.C. § 1413a and the DoD FMR.  When making combat-related determinations, with regard to armed conflict, hazardous service, simulation of war or an instrument of war, the CRSC board looks for definite, documented, causal relationship between the armed conflict and the resulting disability.

The CRSC office acknowledges the applicant is 30 percent service connected with the DVA and that he incurred his disabilities during the course of years of service.  However, this is not sufficient by itself to support a combat-related determination.  The DVA awards service-connected disabilities based on their standards.  While service connection for disabilities is required for eligibility for CRSC, the CRSC program is designed to provide compensation for combat-related injuries and the 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 23 Sep 21 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 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 recognizes the applicant received service-connected disability ratings for his medical conditions for which he requests CRSC.  However, per 10 U.S.C. § 1413a and the DoD FMR, a service- connected disability rating from the DVA is insufficient to warrant CRSC.  Moreover, the applicant has provided no evidence of a definite, documented, causal relationship between the armed conflict and the resulting disability.  Therefore, 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-2021-01529 in Executive Session on 20 and 25 Oct 21:

 , 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 20 Oct 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DPFDC, dated 14 Jun 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 Sep 21.

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.