RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03156
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 12 APR 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, fracture of T-10 vertebrae, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records state he injured his back lifting a locker. He can see how he
could pull a muscle lifting but not fracture a spine. The only injury he
recalls is having another individual land on his back in a bunker during a
rocket attack in Vietnam.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 24
Mar 53. He was discharged on 18 Dec 58 and commissioned as a second
lieutenant, Air Force Reserves, on 19 Dec 58. He was progressively
promoted to the grade of major, having assumed that grade effective and
with a date of rank of 26 Aug 68. He served as an Operations Officer and
Weapons Director. He served in Vietnam from 28 Jun 68 through 25 Jun 69.
He voluntarily retired from the Air Force on 31 Mar 73, having served 20
years and 17 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 considered and denied by the CRSC board 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 fails to show a treatment, traumatic event or occurrence,
which corroborated a combat related connection to his broken vertebrae. On
23 Jun 68 he reported to the emergency room for headaches. An x-ray showed
no evidence of a fracture but a "grooved like cupping of vertebrae" which
was determined could have possibly been a fracture of the vertebrae. There
is no documentation or history of an injury or trauma to his back what
would indicate a fractured vertebrae other than the consult reports of the
x-ray. The fact that a member may have incurred a medical condition during
a period of war or while participating in combat operation/training
exercises is not sufficient evidence to support a combat-related
determination.
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 10 Nov
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 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-
03156 in Executive Session on 7 Sep 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 5 Oct 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 28 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 10 Nov 04.
THOMAS S. MARKIEWICZ
Chair
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