RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01503
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 11 Nov 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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His back injury is the result of crash landing three B-24s out of missions
over Europe during WWII. After one of the three crashes he was told that
he needed to learn to live with pain using physical therapy and medication
because surgery was too risky. While stationed at Warner Robins in 1952 he
was hospitalized and put in stretch for two weeks because of his pain.
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 enlisted in the Regular Army on 14 Aug 42 and was discharged on
28 Aug 42. He was appointed a second lieutenant, Army of the United States
on 8 Feb 44 and was voluntarily ordered to extended active duty on that
same date. He was progressively promoted to the grade of major. He served
primarily as a pilot. On 1 Dec 63, he voluntarily retired for years of
service. He served 20 years, 1 month, and 24 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 70% for his unfitting conditions.
His CRSC application was disapproved on 8 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. DPPD states a review of his service and DVA
medical records show his spinal disc condition is not combat related. His
records do not show, while in service, a combat-related event or events
that were the direct cause of his disability. There is no corroborating
documentation in his records of the incidents he described, or any injuries
he suffered in those incidents.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded that he does not have copies of his health records from
WWII and all he knows is what he was told by the flight surgeon after the
third crash landing. He does not feel he is at fault if his records are
not in his Air Force personnel files. The DVA has determined that his
condition is service connected in WWII combat.
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 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-
01503 in Executive Session on 22 Sep 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 2 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 21 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.
Exhibit E. Letter, Applicant, dated 5 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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 | CY2004 | BC-2003-03641
Having reviewed his medical and personnel records, and documents supporting the aircraft accident it appears that his injuries are not considered to be eligible for CRSC. In support of his submission, applicant provided a personal statement, documents extracted from his medical records, and a document associated with his CRSC application. The applicant requests changes be made to his 12 Jan 61 Aircraft Accident Report.
AF | BCMR | CY2005 | BC-2004-02318
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02318 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 29 May 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-2004-00663
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 | CY2004 | BC-2003-03094
Up until that date, he never had any back problems. He contend his herniated discs were due to the 42 assault landings performed during the training flight; however, the preponderance of the medical evidence indicates the inciting event was picking up and installing a landing gear pin following the completion of a training flight. Therefore, if his injury had been incurred installing the pin then it should be considered during the performance of flight duties.
AF | BCMR | CY2005 | BC-2004-01263
_________________________________________________________________ APPLICANT CONTENDS THAT: His problems probably started with his combat flying in WWII and Korea but his disability became manifested during combat flying in Vietnam in fighter and helicopter missions. The Medical Consultant states his service records show he was diagnosed with osteoarthritis of the cervical spine at age 50. Exhibit E. Letter, BCMR Medical Consultant, dated 31 Mar 05.
AF | BCMR | CY2005 | BC-2005-00069
He was appointed a second lieutenant, Reserve of the Air Force on 14 Jan 43. 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...
AF | BCMR | CY2005 | BC-2004-00986
DPPD states a review of his service and DVA medical records shows his spinal disc condition is not combat related. 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. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient...
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-2004-02052
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. ...