RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02897
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 Mar 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions be assessed as combat related in
order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His memory loss is the result of an incident in which he was knocked to the
ground by a blast from an aircraft while his organization was preparing to
go to war.
In support of his request, applicant provided documentation extracted from
his medical records. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Regular Army from 30 Jun 61 through 9 Jul 66. He
contracted his initial enlistment in the Regular Air Force on 7 Dec 66. He
was progressively promoted to the grade of technical sergeant, having
assumed that grade effective and with a date of rank of 1 Mar 72. He
served as a Personnel Technician and a Financial Management Supervisor. He
voluntarily retired from the Air Force on 30 Nov 81, having served 20 years
and 4 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 6 Jul 04 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 service connected medical conditions are not
combat related. He is claiming CRSC for memory loss, a disability that is
not rated by the DVA. Conditions not recognized by the DVA as service
connected cannot be considered eligible for CRSC. 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 22 Oct
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-
02897 in Executive Session on 13 Oct 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 13 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 21 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 22 Oct 04.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-03895
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03895 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated MANDATORY CASE COMPLETION DATE: 24 Jun 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertensive heart disease and impaired hearing, be assessed as combat related in order to qualify for compensation under the Combat...
AF | BCMR | CY2005 | BC-2004-01218
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01218 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, anxiety disorder and sinusitis, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2005 | BC-2003-03773
On 7 Oct 68, the Air Force Personnel Board concurred with the findings and recommendations of the PEB and directed his retirement effective 1 Nov 68. Subsequent to an AF/JAA ruling clarifying the crediting of retiring personnel with at least 19 years and 6 months of service prior to 1 Jan 82, his request was re-evaluated and he was granted CRSC compensation for his impaired hearing rated at 20%. Exhibit F. Letter, SAF/MRBC, dated 10 Nov 04.
AF | BCMR | CY2006 | BC-2005-01865
After the death of her husband, she became aware that his disability rating had been increased to 40% and applied for CRSC benefits on his behalf. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 05. THOMAS S. MARKIEWICZ Chair AFBCMR BC-2005-01865 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The...
AF | BCMR | CY2005 | BC-2004-01667
DPPD states a review of his service and DVA medical records show his service-connected conditions are not combat related. DVA files show his loss of both feet were the result of a stroke. This clearly states there is no direct cause between his Purple Heart injury to his right shoulder and his back strain.
AF | BCMR | CY2005 | BC-2004-01278
In support of his request, applicant provided a personal statement outlining his career as an Air Force officer and providing data pertaining to the studies of the effects of herbicides and Plutonium exposure; a bibliography, a physician's statement, and his CRSC denial letter. 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...
AF | BCMR | CY2004 | BC-2003-03542
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03542 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, atherosclerotic coronary artery disease, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2005 | BC-2004-01072
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01072 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated Mandatory Case Completion Date: 3 Oct 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, arteriosclerotic heart disease, be assessed as combat related in order to qualify for compensation under the Combat Related Special...
AF | BCMR | CY2004 | BC-2003-02824
Before he ruptured the disc in his lower back he did not have any serious back problems. The Medical Consultant states the applicant's medical records contain an entry dated 13 Nov 70 for low back pain incurred lifting an 80 lb. 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,...
AF | BCMR | CY2005 | BC-2004-00570
He served 20 years and 1 day on active duty. This constant slipping on ice between aircraft caused a disc in his lower back to slip out of place. Exhibit E. Letter, Applicant, dated 27 May 04.