RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00766
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:
Applicant makes no contentions regarding his spinal disc condition.
In support of his request, applicant provided a personal statement, his
CRSC denial letter, and an Agent Orange brief. His complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the National Guard from 8 Aug 50 through 16 Mar 51. He
contracted his initial enlistment in the Regular Air Force on 22 Jun 51.
He was progressively promoted to the grade of master sergeant, having
assumed that grade effective and with a date of rank of 1 Jan 70. He
served as a Munitions Specialist. He voluntary retired from the Air Force
on 31 Mar 73, having served 22 years, 4 months, and 18 days on active duty.
His CRSC application was approved on 24 Jun 04 for his chronic obstructive
pulmonary disease, Agent Orange presumptive, rated at 60%. His spinal disc
condition was disapproved based upon the fact that the service-connected
medical condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his back was injured by loading
munitions on aircraft but does not relate to a specific incident. Injuries
sustained by lifting and loading munitions, where the injury was not caused
by the device itself or the aircraft are not considered to be eligible for
CRSC.
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 1 Jul
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 evidence
presented, it is the Board majority's 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. The Board majority agrees with the opinion and
recommendation of the Air Force office of primary responsibility and adopts
its rationale as the basis for their conclusion that the applicant has not
been the victim of an error or injustice. In the absence of evidence to
the contrary, the Board majority finds no compelling basis to recommend
granting the relief sought in this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
00766 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
By a majority vote, the Board voted to deny the request. Mr. Carey voted
to correct the record and submitted a minority report, which is appended at
Exhibit E. 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 28 Jun 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.
Exhibit E. Minority Report, dated 13 Apr 05.
THOMAS S. MARKIEWICZ
Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of APPLICANT
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that
the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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