RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00069
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 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 back injury was incurred returning from a mission against a target in
Northern France. Flak and gun damage to the hydraulic system of his
aircraft forced the pilot to order the crew to bail out. In the process of
bailing out one of the crewmembers chest parachute hung in the nose door
opening, leaving him dangling in the slip stream beneath the fuselage. He
assisted another crewmember in pulling him back into the aircraft and in
the process he injured his back.
In support of his request, applicant provided a personal statement, flight
logs, commendations received, an excerpt from a book, and documentation
associated with his CRSC application. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in an enlisted status from 23 Jan 42 through 13 Jan 43.
He was appointed a second lieutenant, Reserve of the Air Force on 14 Jan
43. He was progressively promoted to the grade of lieutenant colonel,
having assumed that grade effective and with a date of rank of 12 Mar 61.
On 31 Aug 68, he voluntarily retired for years of service. He served 26
years, 7 months, and 8 days on active duty
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 21 Apr 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 the applicant has provided a
magazine article that recaps the event he claims led to his spinal disc
injury; however, a review of his service medical records fails to show
documentation that he suffered an injury from this incident. He did
receive treatment for a back condition nearly twenty years later, but no
relationship between the event in question and his injury was mentioned in
his medical records.
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 21 Jan
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 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, 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-
00069 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 29 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 14 Jan 05.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 05.
THOMAS S. MARKIEWICZ
Chair
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