RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03170
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 APR 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, spinal disc condition, 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 while he was participating in a world-wide
Strategic Air Command bombing exercise. Several of his Army friends were
injured while falling in winter conditions and their CRSC applications were
approved.
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 contracted his initial enlistment in the Regular Air Force on 11
Aug 65. He was progressively promoted to the grade of chief master
sergeant, having assumed that grade effective and with a date of rank of 1
May 89. He served as a Personnel Technician and Senior Enlisted Advisor.
He voluntarily retired from the Air Force on 31 Aug 95, having served 30
years and 20 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 90% for his unfitting conditions.
His CRSC application was disapproved on 30 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 spinal disc condition is not combat related. He
received his injuries due to a fall from steps on a radar van while
carrying documents and hitting his back on metal steps. Injuries sustained
by slipping on steps, where the fall was not caused by the steps themselves
is not considered to be eligible for CRSC.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterates he was injured while participating in an exercise. He
is 100% disabled as a result of his injuries and believes DPPD denied his
request because of their misinterpretation of the law. 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-
03170 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, 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 17 Dec 04, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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