This was an action for combat related special compensation (CRSC) pay that Plaintiff alleged the USAF unlawfully failed to provide Plaintiff as a result of the USAF's Board for Correction of Military Records' (AFBCMR) findings that his disabilities were not combat-related pursuant to 10 USC 1413a. Plaintiff alleged various violations of the APA, 5 USC 706(2)(A).
The agency was not substantially jusitifed in denying Plaintiff's case at the AFBCMR because he did, in fact, file his case within the 3 year requirement of 10 USC 1552(b); the CRSC board utilized an incorrect standard of proof; the AFBCMR failed to obtain a required advisory opinion; the AFBCMR ignored Plaintiff's requests to assist him in obtaining medical records; the AFBCMR failed to consider Plaintiff's response to the initial advisory opinion; and the AFBCMR decision was bereft of serious analysis.