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 Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was under constant pressure to make the aircraft fully mission capable
and was not provided safety devices such as belts and tie-off straps. His
injuries were received in a fall from an aircraft while evaluating the
aircraft for battle damage.
In support of his request, applicant provided documents associated with his
CRSC application. His complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 22
Sep 54. 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 78. He served as an Aircraft Fabrication Specialist. He voluntary
retired from the Air Force on 30 Sep 80, having served 21 years, 3 months,
and 28 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 7 Apr 04 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. AFPC/DPPD recommends denial. DPPD states his
service and DVA medical records show his degenerative arthritis' are not
combat related. The fact that a disability was incurred in a war zone is
not sufficient to support a combat related determination without a direct
relationship between the combat activity and the injuries. Aircraft
maintenance is not a combat activity. In addition, accidents involving
falling off an aircraft, when the fall is not caused by the aircraft
itself, is not considered 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 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
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 it's 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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
01237 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 12 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
THOMAS S. MARKIEWICZ
Chair
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