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) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injury was incurred during a practice alert loading heavy supplies onto
a truck.
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 16
Nov 51. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
Aug 69. An MEB was convened on 8 Jan 74, and referred his case to an
Informal Physical Evaluation Board (IPEB) with a diagnosis of status post
laminectomy with instability and post lateral spinal fusion. On 17 Jan 74,
the IPEB found him unfit for further military service and recommended that
he be placed on the Temporary Disability Retired List (TDRL) with a
combined compensable rating of 40%. The applicant agreed with the findings
and recommended disposition of the IPEB. He was placed on the TDRL on 19
Feb 74. It was determined that his disability was not the direct result of
armed conflict or was caused by an instrumentality of war or was incurred
in the line of duty during a period of war. On 29 Oct 74, the PEB
recommended that he be permanently retired from the Air Force with a
combined disability rating of 40%. The applicant did not agree with the
recommended findings. On 21 Nov 74, the Personnel Council directed that he
be removed from the TDRL and retired with a compensable percentage of 60%.
He was removed from the TDRL and retired on 18 Feb 74, having served 22
years, 22 months, and 22 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 16 Jul 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 intervertegral disc syndrome is not combat
related. He claimed he injured his back loading 100lb bags of potatoes and
150lbs of beef onto a truck during an exercise. Lifting is not considered
a combat related event.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded and reiterates that his injury was incurred while
loading foods for transport to dining halls during an exercise simulating
war. During an exercise lifting food is as important as lifting simulated
cargo, wounded soldiers, boxes of ammo, or aircraft parts. He feels that
his injury meets the criteria for CRSC. 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-
02461 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 3 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 1 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 04.
Exhibit E. Letter, Applicant, dated 14 Dec 04, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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