RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02177
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 Jan 06
_________________________________________________________________
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:
His back injury was incurred after a fall during an Escape and Evasion
exercise during Exercise Foal Eagle 74, in Korea, which was a combat
training exercise.
In support of his request, applicant provided a personal statement and
documentation associated with his CRSC application.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force on 5
Oct 71 and was voluntarily ordered to extended active duty on that same
date. He was progressively promoted to the grade of captain, having
assumed that grade effective and with a date of rank of 4 Dec 74. He
served as a Physicist, a Combat Targeting Officer, and an Intelligence
Applications Officer. On 31 Oct 91, he voluntarily retired for years of
service. He served 20 years and 26 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his unfitting conditions.
His CRSC application was disapproved on 8 Jun 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 back condition is not combat related. He claimed
he injured his back in 1974 when he fell down a mountainside during an
exercise. His records do not show any correlation between the fall and his
disability. There is evidence in his records that reflect a complaint of
lower back pain in April 1974 in which the document states that he had two
years of intermittent pain. 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 17 Sep
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 offics 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-
02177 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 7 Jul 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.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2004 | BC-2003-03103
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. The fact that a member may incur a medical condition during a period of war or while performing combat operations is not sufficient evidence to support a combat-related determination. Exhibit C. Letter, AFPC/DPPD, dated 20 Jan 04.
AF | BCMR | CY2005 | BC-2004-01771
DPPD states a review of his service and DVA medical records show his brain or spinal cord condition is not combat related. There are no entries in his service medical record back to 1960 for complaint of back pain or back injury. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2005-00508
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. There is no information to confirm he incurred injuries to his shoulders while performing combat related duties. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2003-04035
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 | CY2005 | BC-2004-02461
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02461 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, intervertegral disc syndrome, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...
AF | BCMR | CY2005 | BC-2004-01402
In support of his request, applicant provided documentation associated with his CRSC application. His records are otherwise silent for any specific back injury. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2004-00867
DPPD states his records reflect he was treated for lower back pain dating back to the time he was involved in a jeep accident. _________________________________________________________________ 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...
AF | BCMR | CY2004 | BC-2003-02734
He claims his PTSD is the result of hazardous service and combat related based on a traumatic experience in which he was thrust into during a JP-4 storage tank explosion, which killed approximately 30 Korean contractors. 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...
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-2003-02830
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02830 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: All of his service-connected medical conditions be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. There are no service medical record entries for injuries...