Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2003-04035
Original file (BC-2003-04035.DOC) Auto-classification: Denied

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

Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-03283

    Original file (BC-2003-03283.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03283 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, asthma, chronic obstructive lung disease, and lumbar spinal injury, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...

  • AF | BCMR | CY2005 | BC-2004-00399

    Original file (BC-2004-00399.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00399 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, post-traumatic stress disorder (PTSD) and migraine headaches, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...

  • AF | BCMR | CY2004 | BC-2003-04065

    Original file (BC-2003-04065.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04065 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, spinal disc condition, hemorrhoids, and high blood pressure, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...

  • AF | BCMR | CY2004 | BC-2003-02955

    Original file (BC-2003-02955.doc) Auto-classification: Denied

    Migraine headaches and hypertension are not considered the results of a combat activity and a review of his records failed to show a combat-related connection. The Medical Consultant states migraine headaches and hypertension are chronic medical conditions that are not considered the result of combat activity. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence...

  • AF | BCMR | CY2005 | BC-2004-02060

    Original file (BC-2004-02060.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred when he fell off a ladder entering a B-29 aircraft. DPPD states a review of his service and DVA medical records show his degenerative arthritis and limited motion of arm are not combat related. 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...

  • AF | BCMR | CY2005 | BC-2004-01237

    Original file (BC-2004-01237.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01237 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis (cervical) and degenerative arthritis (left and right shoulder), be assessed as combat related in order to qualify for compensation under the Combat Related Special...

  • AF | BCMR | CY2006 | BC-2004-02645

    Original file (BC-2004-02645.DOC) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred while manually lifting an aircraft canopy during simulated combat operations. His request was denied by the CRSC board, which opined that his injuries do not qualify for CRSC because injuries incurred as a result of lifting do not meet the criteria to qualify for CRSC compensation. The Board majority believes the applicant's service-connected conditions qualify for CRSC...

  • AF | BCMR | CY2005 | BC-2004-00570

    Original file (BC-2004-00570.DOC) Auto-classification: Denied

    He served 20 years and 1 day on active duty. This constant slipping on ice between aircraft caused a disc in his lower back to slip out of place. Exhibit E. Letter, Applicant, dated 27 May 04.

  • AF | BCMR | CY2006 | BC-2004-02282

    Original file (BC-2004-02282.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02282 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis and condition of the skeletal system, be assessed as combat related in order to qualify for compensation under the Combat...

  • AF | BCMR | CY2004 | BC-2003-04034

    Original file (BC-2003-04034.DOC) Auto-classification: Denied

    The Medical Consultant states duties as an aircraft mechanic are not classified as hazardous duty under the criteria for CRSC. 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...