RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00570
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, spinal disc condition, be assessed
as combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His CRSC eligibility was determined to be non-combat related even though
his injury occurred during an Operational Readiness Inspection under full
simulated combat conditions. He was assigned duties as a launch control
officer. It was his duty to see that all flights were taxied at designated
times. Even though the ground was covered with ice and snow, he went from
aircraft to aircraft and signaled when to start engines and when to taxi.
He constantly slipped on the ice, some of which was covered with snow. He
does not consider slipping as an error or misjudgment, but was caused by
the weather and ground conditions while he was performing his assigned
duties.
In support of his request, applicant provided documentation associated with
his CRSC denial. His complete submission, with attachment, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served as an enlisted member from 11 Jun 43 through 27 Oct 50,
with a break in service. He was appointed a second lieutenant, Reserve of
the Air Force on 28 Oct 50 and was voluntarily ordered to extended active
duty on that same date. He served as an Aircraft Maintenance Officer. He
voluntarily retired from the Air Force on 31 Dec 66. He served 20 years
and 1 day on active duty.
Current Department of Veterans Affairs (DVA) records reflect a compensable
rating of 60% for his unfitting condition.
His CRSC application was disapproved on 16 Dec 03 based upon the fact that
his service-connected medical condition was determined not to be combat-
related. His application was subsequently approved for his tinnitus, rated
at 10%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his records reflect his treatment
for low back pain dated as far back as 18 Jan 63. He complained at that
time of low back pain due to frequent slipping on ice. Diagnosis at the
time was herniated nucleous pulposis. There is no record of
hospitalization or other treatment, other than on 16 Apr 57 when he was
awakened in the middle of the night by sudden severe pain on his left leg.
He has given different scenarios to the DVA on how he sustained his injury.
The fact that a member may have incurred a medical condition during a
period of war, or while participating in combat operation/training
exercises is not sufficient evidence to support a combat related
determination. Military records must show a definite causal relationship
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterates that his injury occurred during an ORI in England.
The ground was covered with a mixture of ice and snow. Going from aircraft
to aircraft he constantly would slip, but he never fell. This constant
slipping on ice between aircraft caused a disc in his lower back to slip
out of place. The ORI lasted for two days. When he started to get out of
bed 2 days later his disc completely slipped out of place. He was
hospitalized for two weeks. He is unaware of what happened to his medical
records 40 years ago and may not remember details of what happened.
However, will not forget going to a hospital. He does not recall any back
problem in 1957. His complete response is at Exhibit E.
_________________________________________________________________
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-
00570 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 18 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 29 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 7 May 04.
Exhibit E. Letter, Applicant, dated 27 May 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2003-03824
The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states his injuries occurred during training operations and according to CRSC criteria he is eligible for compensation since the injuries were incurred during an ORI and while deployed to Egypt to participate in Operation Accurate Test. The Medical Consultant states the fact that a member incurred a disability during a period of war or...
AF | BCMR | CY2005 | BC-2004-00765
His CRSC application was disapproved on 5 Dec 03 based upon the fact that his service-connected medical conditions were determined not to be combat- related. Slipping on ice is not considered a combat activity 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 25 Jun 04 for review and comment within 30 days. We agree with the...
AF | BCMR | CY2005 | BC-2004-02052
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02052 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 2 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, spinal disc condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2004 | BC-2003-03094
Up until that date, he never had any back problems. He contend his herniated discs were due to the 42 assault landings performed during the training flight; however, the preponderance of the medical evidence indicates the inciting event was picking up and installing a landing gear pin following the completion of a training flight. Therefore, if his injury had been incurred installing the pin then it should be considered during the performance of flight duties.
AF | BCMR | CY2005 | BC-2005-00302
His CRSC application was disapproved on 23 Feb 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD states a review of his service and DVA medical records show his spinal disc condition is not combat related. 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.
AF | BCMR | CY2005 | BC-2003-04035
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. On 6 Apr 04, the applicant requested and received approval of additional time to respond to the Air Force evaluation. 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...
AF | BCMR | CY2005 | BC-2003-04306
A review of his medical records reveals no record of such injuries, although while stationed at Kadena AB, he injured his back lifting furniture. The Medical Consultant states he asserts his back was injured during a rocket attack in Vietnam either by falling off a helicopter or when a comrade fell on his back seeking shelter. He also asserts his back and knee conditions were caused by his duties during aerial flight.
AF | BCMR | CY2004 | BC-2003-03911
A review of his medical records failed to show that his back injury was sustained on 12 Nov 65 as a result of a missile motor slipping its cradle during assembly in support of combat training missions. The Medical Consultant states a single medical record entry indicates he presented for lumbosacral back pain on 12 Nov 65 but no mechanism of injury is documented and there are no work-site accident or injury reports present in the records that may provide additional information. ...
AF | BCMR | CY2007 | BC-2006-02312
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02313 INDEX CODE: 108.07 COUNSEL: DVA HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 5 FEBRUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, Spinal Disc Condition and Prostate Gland Condition, be assessed as combat related in order to qualify for compensation under the Combat Related...
AF | BCMR | CY2004 | BC-2003-03641
Having reviewed his medical and personnel records, and documents supporting the aircraft accident it appears that his injuries are not considered to be eligible for CRSC. In support of his submission, applicant provided a personal statement, documents extracted from his medical records, and a document associated with his CRSC application. The applicant requests changes be made to his 12 Jan 61 Aircraft Accident Report.