RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00025
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 Jul 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 condition was incurred during an exercise to protect nuclear weapons.
He was loaded with live ammunition and simulating an attack by an aggressor
force when his condition was incurred.
In support of his request, applicant provided 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 31
May 72. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
May 92. He served as a Communications Systems Superintendent. He
voluntarily retired from the Air Force on 30 Sep 95, having served 23 years
and 4 months on active duty.
Available Department of Veterans Affairs (DVA) records reflect a
compensable rating of 20% for his unfitting condition.
His CRSC application was disapproved on 9 Dec 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
stated in his original application his back condition is the result of
falling down some stairs in 1986 after a wing exercise began. His records
reveal a reference to him falling down the stairs during an alert. Many
other entries mention the fall and resulting back injury, yet nothing can
be found to indicate the fall was the direct result of armed conflict,
hazardous service, instrumentality of war or simulating war. Falling is
not considered to be combat related unless some unique event occurred
causing the fall. In order for this disability to be eligible for
compensation, the condition must meet the rigorous standards for combat
related disabilities, such as the shock of a bomb blast rather than human
error, and not merely have a service connection.
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 1 Apr
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
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-2005-
00025 in Executive Session on 14 Dec 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Richard J. Peterson, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 1 Apr 05.
THOMAS S. MARKIEWICZ
Chair
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