RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03537
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 19 May 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, shoulder condition and limited
motion of arm, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served initially as a security specialist. He received combat training
and weapons training. He also received Air Base Ground Defense training
prior to his selection to attend the Air Force Academy. During his career
he was deployed on numerous deployments and to participate in combat
exercises. He trained and prepared troops in ABGD during those deployments
and exercises. By the time he reached retirement eligibility he could no
longer do the physical duties of his job. He thought he would receive a
disability retirement but was referred to the Department of Veterans'
Affairs (DVA) for treatment. His conditions are getting worse as he gets
older. This is not due to his age but because his body is unable to mend
what he incurred while on active duty in his various combat related
positions.
In support of his request, applicant provided documentation extracted from
his military personnel records. His complete submission, with attachments,
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 28
Nov 75. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 94.
He served as a Security Policeman. He voluntarily retired from the Air
Force on 31 Dec 96, having served 21 years, 1 month, and 3 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 disapproved on 19 Apr 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. His request was subsequently approved for tinnitus, rated at 10%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show his shoulder condition and limited motion of arm are
not combat related. He claims his injuries are the result of heavy lifting
while loading heavy weapons, setting up defensive positions and setting up
missiles for launch. Injuries sustained by lifting, where the injuries not
caused by the device itself are not considered to be eligible for CRSC.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he first injured his shoulder while participating in an
ABGD training deployment. He was taught that getting the job done was more
important than worrying about how much one can lift by regulations. He was
told to make a choice between correcting the problem or facing a possible
discharge. During his ABGD deployments he always put duty before self. To
get his job done required lifting an enormous amount of weight. Over the
counter drugs were taken in order to remain active on the Personnel
Reliability Program (PRP) and deployment lists. A review of his medical
records will show a multitude of medical conditions that are service-
connected even though he never pushed them with the DVA.
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
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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
03537 in Executive Session on 12 Oct 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher D. Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 17 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 29 Dec 04.
Exhibit E. Letter, Applicant, not dated.
THOMAS S. MARKIEWICZ
Chair
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