RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02038
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 Dec 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, anxiety disorder and 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:
While on a combat alert at Ramstein AB, Germany during a period of
terrorist activity, he was responding to an alert and dropping off a truck
loaded with combat gear. He jumped off the truck and slipped on some ice,
hurting his tailbone.
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 21
Jun 71. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 80.
He served as an Administration Technician and a Recruiter. He voluntarily
retired from the Air Force on 31 Jul 91, having served 20 years and 20 days
on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for his unfitting conditions.
His CRSC application was disapproved on 21 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 anxiety disorder and spinal disc condition are not
combat related. Injuries sustained by jumping off a military vehicle,
where the fall/injury was not caused by the device itself is not considered
eligible for CRSC. There is no evidence his anxiety disorder is combat
related.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded and noted several entries for unrelated
injuries/illnesses were absent from his medical records. He states after
his fall the physicians claimed he had just sprained his spine. He was
given pain medication and assigned duties away from guard duties.
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
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-
02038 in Executive Session on 11 Jul 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 20 Jun 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 16 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 17 Sep 04.
Exhibit E. Letter, Applicant, not dated.
THOMAS S. MARKIEWICZ
Chair
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