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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injury was incurred while returning to an alert aircraft when he
slipped and fell on a patch of ice.
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 5
Nov 54. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 68.
He voluntarily retired from the Air Force on 31 Dec 74, having served 20
years, 2 months, and 6 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 24 Feb 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.
Injuries sustain by slipping or falling on ice is not considered to be
eligible for CRSC. The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he does not recall the events that led up to his fall, but
he does remember that he was on alert at the time. 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.
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 issue 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-
02052 in Executive Session on 26 Jul 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 Jun 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 22 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 1 Oct 04.
Exhibit E. Letter, Applicant, dated 15 Oct 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-02038
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His CRSC application was disapproved on 23 Feb 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD states a review of his service and DVA medical records show his spinal disc condition is not combat related. 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.
AF | BCMR | CY2005 | BC-2005-00025
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