RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00102
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, spinal disc condition and
tinnitus, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His spinal disc condition deteriorated over time but was initially incurred
when he was accidentally knocked down some stairs during the Vietnam War.
His tinnitus was incurred while on duty as a radio operator monitoring
Russian signals and his frequency was jammed.
In support of his request applicant provided documentation associated with
his CRSC denial. His complete submission, with attachment, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 14
Jun 60 and was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Jul 77.
He served as a Telecommunications Operator and a Diet Therapist. On 30 Jun
80, he voluntarily retired for years of service. He served 20 years and 16
days on active duty
His CRSC application was disapproved on 23 Dec 03 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states he injured his back by
accidentally falling down a flight of stairs. There is no other record
that could account for his back problems. His spinal disc condition is not
considered to be the result of combat-related acts, instrumentality of war
or due to hazardous service. A number of factors may contribute to hearing
loss although his claim of constant exposure to noise as a radio operator
does not qualify him for CRSC under the stringent guidelines of Public Law
107-314. The fact that a medical condition may have incurred during a
period of war or while participating in combat operation/training exercises
is not sufficient to support a combat-related determination.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21 May
04 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states there is no evidence in the record that his service connected
disabilities were incurred as a direct result of armed conflict, while
engaged in hazardous service, under conditions simulating war, or as a
result of an instrumentality of war. His fall down a flight of stairs does
not qualify as armed conflict of conditions simulating war. His duty as a
radio operator does not qualify as hazardous duty.
The Medical Consultant Evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to the
applicant on 19 Oct 04 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the available
evidence of record, it is our opinion that the service-connected medical
conditions the applicant believes are combat-related were not incurred as
the direct result of armed conflict, while engaged in hazardous service, in
the performance of duty under conditions simulating war, or through an
instrumentality of war, and therefore, do not qualify for compensation
under the CRSC Act. We agree with the opinions and recommendations of the
Air Force offices of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the victim of
an error or injustice. In the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
00102 in Executive Session on 6 Oct 04, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 14 May 04.
Exhibit D. Letter, SAF/MRBR, dated 21 May 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 10 Aug 04.
Exhibit F. Letter, SAF/MRBC, dated 19 Oct 04.
THOMAS S. MARKIEWICZ
Chair
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