RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00023
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, limited motion in cervical spine
and lumbar spine, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While working on a C-130 engine in Vietnam, utilizing a B-4 maintenance
stand, security personnel struck the stand with a vehicle while responding
to an intrusion. He was knocked off the stand and fell about 10 feet to
the ground injuring his back.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 13
Sep 63. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 81.
He served as a Maintenance Data System Analysis Technician, an ICBM System
Analysis Technician, and a Quality Control Technician. He voluntarily
retired from the Air Force on 30 Jun 87, having served 20 years and 15 days
on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 70% for his unfitting conditions.
His CRSC application was disapproved on 30 Mar 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 medical
records shows no evidence to support his contention. He was treated
several times throughout his career for low back pain; however, his records
do not provide evidence of a combat related incident occurring that caused
his condition. An entry dated 28 Sep 82, indicates him recalling an
episode of falling from a great height several years before; however, his
DVA rating decision and providers throughout his service referenced a fall
from a horse and lifting hay bales as the original causes of his back
condition.
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 11 Mar
05 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-2005-
00023 in Executive Session on 15 Dec 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 10 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 1 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 11 Mar 05.
THOMAS S. MARKIEWICZ
Chair
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