RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00495
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, degenerative arthritis and
shoulder prosthesis, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His disability was incurred in combat while assigned to the 1st Rifle
Platoon, "A" Company, 164th Infantry Regiment. His disabilities qualify as
hazardous service/instrumentality of war. If he had not served he would
have not had to have his shoulder replaced.
In support of his request applicant provided a copy of his Enlisted Record
and Report of Separation and his CRSC denial letter. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the United States Army from 27 May 43 through 29 Nov
45. He contracted his initial enlistment in the Regular Air Force on 3 May
49. He was progressively promoted to the grade of senior master sergeant,
having assumed that grade effective and with a date of rank of 1 Apr 67.
He voluntarily retired from the Air Force on 31 Aug 74. He served 27
years, 10 months, and 1 day on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable disability rating of 80% for his unfitting conditions.
His CRSC application was disapproved based upon the fact that his re cords
failed to show a traumatic event or occurrence, which corroborates a combat-
related incident as defined by Public Law 107-314.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his records reflect little doubt
his service-connected disabilities occurred while performing his job
related responsibilities pertinent to his Air Force Specialty in the
Medical Career Field. On 18 May 62, he complained of shoulder pain when
sleeping in the field with no further clarification on what actually caused
the pain. On 4 Mar 63, he injured his right shoulder by falling. His
medical conditions are the result of his particular physical makeup, not a
combat related event.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states his degenerative arthritis started during the years 1943
through 1945, not because he was assigned to the Infantry Regiment, but
because he was in a rifle company and in direct combat with the enemy.
During his military career he never fell down and hurt his right shoulder,
nor did her ever make that statement.
_________________________________________________________________
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-2004-
00495 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 12 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 7 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 04.
Exhibit E. Letter, Applicant, dated 22 Jun 04.
Exhibit F. Letter, SAF/MRBC, dated 14 Dec 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2006 | BC-2004-02282
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-2003-02830
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02830 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: All of his service-connected medical conditions be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. There are no service medical record entries for injuries...
AF | BCMR | CY2005 | BC-2004-01237
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 | CY2005 | BC-2004-02060
_________________________________________________________________ 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-2004-02061
His CRSC application was disapproved on 22 Mar 04 based upon the fact that evidence provided did not show his service-connected medical conditions were combat-related. 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 30 Jul 04 for review and comment within 30 days. We agree with the opinion and recommendation of the Air Force...
AF | BCMR | CY2005 | BC-2003-04056
A 30 Mar 67, Physical Evaluation Board (PEB) hearing found that he was fit for duty at that time. 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...
AF | BCMR | CY2006 | BC-2006-01088
Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 20% for his unfitting conditions. DPPD states the applicant initially requested review of his service-connected disabilities of back strain, degenerative arthritis of the hands and knees, and bursitis of the shoulder. 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...
AF | BCMR | CY2008 | BC-2007-03802
In support of her request, the applicant provided a personal letter and documentation associated with her CRSC application. Available DVA records reflect a combined compensable rating of 90% for her service-connected conditions. The complete DPPD evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 February 2008 for...
AF | BCMR | CY2004 | BC-2003-04034
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...
AF | BCMR | CY2005 | BC-2004-03565
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03565 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 22 May 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis and knee condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special...