RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04131
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 Jun 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, T-12 back compression fracture, be
assessed as combat-related in order to qualify for compensation under the
Combat-Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His T-12 back compression fracture occurred as an operations related
disability during the Korean War. In 1954, he was part of the initial
cadre manning the five “pine tree” early warning radar stations installed
along the Labrador and Newfoundland eastern shorelines.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Army of the United
States on 24 March 1943 and entered active duty on that same date. He was
transferred to the Air Force and was appointed a second lieutenant, Reserve
of the Air Force, on 5 December 1947. He was progressively promoted to the
grade of major, having assumed that grade effective and with a date of rank
of 1 April 1960. He served as an aircraft observer (bombardier). On
1 November 1963, he voluntarily retired for years of service. He served 20
years and 7 months 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 13 November 2003 based upon the
fact that his service-connected medical condition was determined not to be
combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial and states, in part, that applicant’s condition
does not meet the mandatory criteria for CRSC entitlement. The fact a
member incurred a medical condition during a combat operation/training
exercise is not sufficient evidence to support a combat related
determination. His records do not indicate that his service-connected
injury was the direct result of an armed conflict, hazardous service, or
caused by an instrumentality of war.
The AFPC/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 12 May
2004 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
condition the applicant believes is combat-related was 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, does 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-
04131 in Executive Session on 6 April 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 9 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 2 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 04.
THOMAS S. MARKIEWICZ
Chair
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