RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01505
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 Nov 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, lumbar disc disease, impairment
of sphincter control, loss of use of both feet, neurologenic bladder,
kidney trauma, and cervical disc disease, be assessed as combat related in
order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His back and left hip injures were incurred while assigned to Taiwan in
1958, when a crane operator accidentally dropped a 400lb container on him.
In January 1965, while stationed in Vietnam and in a bunker during a "VC
alert," an individual threw a volleyball into the bunker and jumped feet
first on top of him, striking him on top of his right shoulder with his
elbow and knocking his head against a post. He was treated for a torn
rotary cuff and shoulder muscle along with a hairline fracture in his neck.
During his tour in Vietnam he was exposed to weekly sprayings of Agent
Orange.
In support of his request, applicant provided documentation associated with
his CRSC application and documentation extracted from his medical and
Department of Veterans' Affairs (DVA) records. His complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 24
Sep 53. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 71.
He served as an Aerospace Control and Warning Systems Technician. He
voluntarily retired from the Air Force on 30 Sep 78, having served 24
years, 2 months, and 13 days on active duty.
Available DVA records reflect a combined compensable rating of 100% for his
unfitting conditions.
His CRSC application was approved for major depressive disorder (post
traumatic stress disorder), rated at 50%. His remaining conditions were
disapproved based upon the fact that his service-connected medical
conditions were 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 lumbar disc disease, impairment of sphincter
control, loss of use of both feet, neurologenic bladder, kidney trauma, and
cervical disc disease are not combat related. His records show he injured
his back when an S-80 shelter box fell on him. He claims his kidney
trauma was caused by this same event. This event is not considered a
combat related event. In addition, his loss of use of both feet are
secondary to his back condition based upon DVA records. His DVA records
state the impairment of sphincter control was established as related to the
disability of appendectomy, which is not a combat related event. He claims
his neurologenic bladder was caused by Agent Orange. This is not a
condition currently recognized as presumptive to Agent Orange. He claimed
his cervical disc disease, a torn rotary cuff, and shoulder muscle injury
were caused during a VC alert when an individual jumped into his bunker and
landed on him. His records contain an entry dated 18 Mar 65, which shows
he injured his shoulder while playing volleyball on 23 Feb 65. A sports
activity is not considered a combat related event.
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 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 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-
01505 in Executive Session on 1 Jun 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher Carey, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 1 Jun 04.
THOMAS S. MARKIEWICZ
Chair
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