RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00765
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
Mandatory Case Completion Date: 11 Sep 05
_________________________________________________________________
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 disabilities occurred during combat air-drop missions. His injury
occurred while preparing to board a C-130 aircraft for a training mission
when he slipped on a patch of ice and injured his back.
In support of his request, applicant provided documentation extracted from
his Department of Veterans Affairs (DVA) medical records. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 24
Jul 79. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Dec 87.
He served as a Flight Engineer, a Diet Therapist, and an Aircraft
Maintenance Technician. He voluntary retired from the Air Force on 31 Aug
90, having served 23 years and 13 days on active duty.
Current DVA records reflect a combined compensable rating of 80% for his
unfitting conditions.
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. His application was subsequently approved on 22 Jun 04 for
tinnitus, rated at 10%. His spinal disc condition was disapproved.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his back condition is not combat related. The fact
that he incurred a disability during an exercise is not sufficient to
support a combat-related determination without a direct relationship
between the combat training and the injury itself. 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. 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-
00765 in Executive Session on 6 Apr 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 3 Mar 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-00570
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.
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