RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00986
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
Mandatory Case Completion Date: 28 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 injury occurred while exiting a B-17 aircraft when he fell and knocked
his back out after a 10-hour combat mission bombing German sub pens.
In support of his request, applicant provided a personal statement, his
CRSC denial letter, and an eyewitness statement. His complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Army of the United States on 27 Nov 39. He
subsequently served as a Warrant Officer and a Flight Officer before his
appointment as a second lieutenant on 10 Mar 46. He entered the Regular
Air Force on 21 Jan 50 and was appointed a first lieutenant, Reserve of the
Air Force on 14 Nov 52. He was progressively promoted to the grade of
captain, having assumed that grade effective and with a date of rank of 1
Apr 53. On 31 May 60, he voluntarily retired from the Air Force. He
served 20 years, 6 months, and 4 days on active duty
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 8 Dec 03 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records shows his spinal disc condition is not combat related. His
records are silent for any incident causing the spinal disc condition. In
addition, injuries sustained by falling off a military device, where the
fall was not caused by the device itself is not considered to be eligible
for CRSC.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he is confident the DVA would not have granted him service
connection for his injury had it not occurred during his military service.
He also served as an enlisted member of the Army from 1939 to 1945 and
believes his medical records from the Army were missing from his
application. His injury occurred prior to the debriefing and therefore, it
is combat related. When the DVA granted his service connection, it was
necessary to show that it occurred during his military combat action.
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 evidence
presented, it is the Board majority's opinion that based on the available
Army, Air Force, and Department of Veterans' Affairs medical records, 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-
00986 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 F. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Mar 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 04.
Exhibit E. Letter, Applicant, dated 5 Aug 04.
Exhibit F. 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
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
AF | BCMR | CY2005 | BC-2004-00663
On 12 Dec 66, he underwent a laminectomy to repair a herniated disc, which he suffered while engaged in hazardous duty as a KC-135 Navigator on a mission from Andrews AFB to Seattle WA. He served 21 years, 6 months, and 27 days on active duty Available documentation reflects a DVA combined compensable rating of 70% for his unfitting conditions. His records reveal no record of any particular injury that could account for the onset of his back pain.
AF | BCMR | CY2005 | BC-2004-00766
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. Exhibit C. Letter, AFPC/DPPD, dated 28 Jun 04, w/atchs. 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.
AF | BCMR | CY2005 | BC-2004-03170
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03170 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 16 APR 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 | CY2005 | BC-2004-00131
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...
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-2004-00768
In the absence of a specific traumatic event resulting in significant, documented spine injury, it is impossible to attribute direct causation of degenerative spine disease to aerial flight. _________________________________________________________________ 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...
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 | CY2006 | BC-2005-00172
In support of his request, applicant provided a personal statement, an affidavit and documentation associated with his CRSC application. _________________________________________________________________ STATEMENT OF FACTS: Applicant served in an enlisted status from 25 Jan 60 through 6 Jul 61. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application...
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-2004-01771
DPPD states a review of his service and DVA medical records show his brain or spinal cord condition is not combat related. There are no entries in his service medical record back to 1960 for complaint of back pain or back injury. _________________________________________________________________ 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...