RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04035
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, asthma, headaches, depression,
degenerative lumbar spine condition, nasal condition, ankylosis of elbow,
tendonitis, and skin rashes, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions qualify for CRSC because they were incurred in the
performance of duty under conditions simulating war. Many of his
conditions developed slowly over a long period of time. He was performance
oriented and would not report injuries or conditions to the hospital
because he would have been removed from the Human Reliability Program (HRP)
or the Personnel Reliability Program (PRP). His asthma is the result of
his exposure to second hand smoke during military training from 1975
through 1986. His depression and headaches were the result of his removal
his position as the 34th BS Maintenance Superintendent. The firing took
place the first day of a generation of aircraft for an off station training
exercise. He performed his duties for two weeks following the exercise.
His intervertebral disc syndrome and tendonitis was the result of injuries
he received performing maintenance on a B-52 aircraft and shoveling snow
that he did not report to the hospital. While on a deployment he fell off
of a maintenance stand and injured his right elbow and shoulder and
sprained his ankle during another deployment. He did not report these
injuries to the hospital for fear of losing his HRP or PRP status; or
losing his security clearance. He just worked through the pain.
In support of his request, applicant provided a personal statement,
documentation extracted from his military and Department of Veterans
Affairs (DVA) medical records, and an web printout. His complete
submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 23
Sep 74. He was progressively promoted to the grade of chief master
sergeant, having assumed that grade effective and with a date of rank of 1
May 94. He served as an Aerospace Maintenance Craftsman and an Aircraft
Manager. He voluntary retired from the Air Force on 31 Jul 95 , having
served 20 years, 10 months, and 9 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for his unfitting conditions.
His CRSC application was disapproved on 23 Jul 03 and 28 Jan 04 based upon
the fact that his service-connected medical conditions were determined not
to be combat-related. On 29 Mar 04, his CRSC application was approved for
his tinnitus, rated at 10%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the majority of his service-
connected medical conditions were gradually incurred while performing his
military responsibilities. His asthma, headaches, degenerative joint,
back, shoulder, and ankle problems, coupled with the stress of supervisory
responsibilities, do not show these conditions were the result of armed
conflict, hazardous service, instrumentality of war, or simulating war,
but, due to his physical make-up. Job related stressors are not considered
unique to military service for the purpose of CRSC qualification.
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 2 Apr
04 for review and comment within 30 days. On 6 Apr 04, the applicant
requested and received approval of additional time to respond to the Air
Force evaluation. 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 opinion and recommendation of the
Air Force office of primary responsibility and adopt its 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-2003-
04305 in Executive Session on 23 Feb 05, 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 23 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 2 Apr 04.
Exhibit E. Letters, Applicant, dated 6 Apr and 20 Apr 04.
Exhibit F. Letter, SAF/MRBC, dated 16 Apr 04.
THOMAS S. MARKIEWICZ
Chair
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