Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-01402
Original file (BC-2004-01402.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01402
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

Mandatory Case Completion Date:  4 Nov 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, back strain, be assessed as  combat
related in order to  qualify  for  compensation  under  the  Combat  Related
Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The medical records that he needs to support his claim are not  on  file  at
the National Personnel Records Center  or  at  the  Department  of  Veterans
Affairs  (DVA)  Record  Management  Center.   The  injury  he  sustained  is
documented in his records between 16 Jun 70 through 26 Mar 74, and seems  to
have vanished.  The  injury  occurred  while  stationed  at  Udorn  Thailand
during the Vietnam War.  While working on  an  F-4  aircraft  repacking  the
right main landing strut, the strut slipped from the holding  fixture.   His
back was injured trying to support the strut.   It  is  not  his  fault  his
records are lost.

In support of his request, applicant provided documentation 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  16
Jun 70.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Nov  95.
He served as  a  Personnel  Craftsman  and  an  Aircraft  Hydraulic  Systems
Craftsman.  He served in Udorn Thailand from 30 Nov 72 through  27  Aug  73.
He voluntary retired from the Air Force on  30  Apr  01,  having  served  23
years, 2 months, and 18 days on active duty.

Current DVA records reflect a compensable rating of 10%  for  his  unfitting
condition.

His CRSC application was disapproved on 19 Feb 04 based upon the  fact  that
documentation to support his  claim  was  not  presented  and  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 show his back strain is not combat  related.   There  is  no
corroborating documentation of the incident he  claims  caused  his  injury.
His service medical records, dated 16 Sep 73  show  he  complained  of  back
pain from a lot of walking and standing.  His records are  otherwise  silent
for any specific back injury.

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  9  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  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-
01402 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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Apr 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.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2003-04055

    Original file (BC-2003-04055.DOC) Auto-classification: Denied

    His left knee condition is not considered service connected by the DVA. We agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...

  • AF | BCMR | CY2005 | BC-2004-03156

    Original file (BC-2004-03156.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03156 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 12 APR 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, fracture of T-10 vertebrae, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...

  • AF | BCMR | CY2005 | BC-2003-04306

    Original file (BC-2003-04306.DOC) Auto-classification: Denied

    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 | CY2005 | BC-2004-01380

    Original file (BC-2004-01380.DOC) Auto-classification: Denied

    His CRSC application was disapproved on 1 Apr 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. 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 opinion and recommendation of the Air Force office of...

  • AF | BCMR | CY2005 | BC-2004-01528

    Original file (BC-2004-01528.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01528 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 15 NOV 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertension and right knee bone condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special...

  • AF | BCMR | CY2004 | BC-2003-03283

    Original file (BC-2003-03283.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03283 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, asthma, chronic obstructive lung disease, and lumbar spinal injury, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...

  • AF | BCMR | CY2005 | BC-2003-04035

    Original file (BC-2003-04035.DOC) Auto-classification: Denied

    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 | CY2004 | BC-2003-02466

    Original file (BC-2003-02466.doc) Auto-classification: Denied

    In support of his request applicant provided documents extracted from his medical records. There is no evidence of duty related back injury in the remaining medical documentation. _________________________________________________________________ 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...

  • AF | BCMR | CY2005 | BC-2003-03824

    Original file (BC-2003-03824.DOC) Auto-classification: Denied

    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-2004-01241

    Original file (BC-2004-01241.DOC) Auto-classification: Denied

    On 17 Jun 87, the Air Force PEB recommended he be permanently retired from the Air Force with a combined disability rating of 40%. His records show documented evidence that he had complained of back pain as early as 1963, two years prior to being in Thailand. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reiterates his account of the incident in which he was injured, provides...