RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00131
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
Mandatory Case Completion Date: 17 Jul 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, Achilles tendonitis, be assessed
as combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injury is the direct result of years of combat related training and
real world deployments in high-risk operations. His duties performed as a
pararescueman were hazardous and combat related. During a SAREX in Hong
Kong in 1986 he sprained his ankle carrying a casualty off a mountain down
a narrow trail in the dark. The injury was further aggravated conducting
closed circuit dive operations. He received injuries to both ankles
following a fast rope insertion when several Navy Seals became detached and
landed on him as he reached the ground. He was subsequently treated for
tendonitis and inflammation following a long run to a helicopter extraction
point. A Navy physician treated him for his injury. In 1990 he dislocated
his ankle practicing the fireman's carry during down-man drills after
physical training. The doctor documented it as a football injury, which he
was not aware of until after his retirement. He was seen by a physician
for tendonitis caused by running on hard pavement with full equipment
during runway clearing operations following airfield seizure operations
involving a static-line parachute insertion from 1,000 feet. He sprained
his ankle during a real world deployment to Peru. He stepped in a hole
carrying a casualty on his back during a combat search and rescue
operation. He was treated for Achilles tendonitis from running following
live fire combat rescue training with the Army Rangers while deployed to
Guantanomo Bay, Cuba. He was treated for bilateral tendonitis following
several days of high angle/hazardous terrain and helicopter rescue training
in 1997.
In support of his request, applicant provided a personal statement,
documentation extracted from his Department of Veterans Affairs (DVA) and
military medical records; and a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 27
May 80. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Apr 98.
He served as a Pararescueman and as a Security Forces Specialist. He
voluntary retired from the Air Force on 31 May 01, having served 21 years
and 4 days on active duty.
Current DVA records reflect a compensable rating of 10% for his unfitting
condition.
His CRSC application was disapproved on 10 Dec 03 due to lack of medical
evidence to support his claim. However, on 11 May 04, his request for CRSC
was granted for his spinal disc condition rated at 40%, tinnitus rated at
10%, and for his impaired hearing although it is currently rated at 0%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states although he claims his ankle
injuries were from training exercises, a review of his records found his
major injuries occurred while playing football and basketball. 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 14 May
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
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-2004-
00131 in Executive Session on 6 Apr 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 10 May 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 May 04.
THOMAS S. MARKIEWICZ
Chair
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