RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02939
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 Mar 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, neurosis and paralysis of ulnar
nerve, be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are the result of his duties aboard aircraft flying
transport into Vietnam hauling hazardous cargo (Agent Orange).
In support of his request, applicant provided documentation associated with
his CRSC application. His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 4
Mar 48. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 Aug 61.
He voluntarily retired from the Air Force on 31 Mar 68, having served 20
years and 25 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for his unfitting conditions.
His CRSC application was disapproved on 25 Mar 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 neurosis and paralysis of ulnar nerve are not
combat related. His records state "...His anxiety over his physical
condition is very well borne out in the fact that he has had forty some
small cysts and tumors removed from his body." He never stated in his
application how his paralysis of unlar nerve happened. His records do not
show, while in service, a combat-related event or events that were the
direct cause of his disabilities.
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-
02939 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 14 Sep 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-2004-01134
He served 28 years and 13 days on active duty Current DVA records reflect a combined compensable rating of 60% for his unfitting conditions. DPPD states a review of his service and DVA medical records show his paralysis of the ulnar nerve 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 | CY2007 | BC-2007-00264
DPPD provides a review of the applicant’s medical records and notes while the applicant's condition was service- connected by the DVA, CRSC criteria require documentation to support a qualifying combat-related event or events as the direct cause of disability. 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 23 Mar 07 for...
AF | BCMR | CY2005 | BC-2003-03782
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03782 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, paralysis of left ulnar nerve, limited flexion of knee, and left shoulder bursitis, be assessed as combat related in order to qualify for compensation under the Combat Related Special...
AF | BCMR | CY2005 | BC-2004-00970
In support of his request, applicant provided a personal statement, documentation extracted from his medical records and documentation associated with his CRSC application. DPPD states a review of his service and DVA records does not show that his conditions are combat related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...
AF | BCMR | CY2005 | BC-2004-02380
In support of his request, applicant provided documentation extracted from his medical records. Applicant was considered by a Medical Evaluation Board (MEB) and his case was referred to an Informal Physical Evaluation Board (IPEB) with a diagnosis of motor neuron disease. 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-2004-01969
In support of his request, applicant provided documentation associated with his CRSC application an aircraft loss record, and witness statements. He served 21 years, 2 months, and 19 days on active duty Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 80% for his unfitting conditions. DPPD states a review of his service and DVA medical records show his post-op residuals, left knee, has not been rated by the DVA as service connected.
AF | BCMR | CY2005 | BC-2004-02648
His CRSC application was disapproved on 6 May 04 based upon the fact that his service-connected medical condition was determined not to be combat- related. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states his injuries, while not sustained by a bullet in a firefight, were incurred while in the same locations and ensuring helicopters were ready to perform their mission. We agree...
AF | BCMR | CY2005 | BC-2004-02178
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02178 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, diabetes mellitus and paralysis of sciatic nerve, be assessed as combat related in order to qualify for compensation under the Combat Related...
AF | BCMR | CY2004 | BC-2003-03621
_________________________________________________________________ APPLICANT CONTENDS THAT: His AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, line 10(b) is marked YES, as the disability did occur during a time of war in the line of duty. What the Air Force is telling him is that in no way an Air Force member can have a combat-related injury if they were medically retired and entered the Air Force prior to the date indicated on the form. DPPD states the...
AF | BCMR | CY2006 | BC-2005-00321
_________________________________________________________________ APPLICANT CONTENDS THAT: His arteriosclerotic heart disease is a direct result of his diabetes caused by exposure to Agent Orange. His records reveals a medical examination, dated 8 Jul 02, which indicates his heart condition is secondary to his hypertension. His health problems relate directly to his diabetes.