RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00146
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 15 JUL 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, traumatic arthritis of knees,
bursitis of the elbows, and left ankle sprain with residuals, be assessed
as combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injuries were the result of training from combat or simulated warfare
on many occasions throughout his military career as a special tactics
operator. His knee injury was the direct result or first noticeable in
Alaska during winter warfare training. The Alaska team had special
equipment to conduct cold weather operations and the ability to snowshoe
and ski was a major part of the mission. His left ankle injury was
incurred during a run on an obstacle course when he stepped on a rock that
twisted his ankle. Applicant agrees that there was no direct cause of his
elbow injury, but feels that years of doing combat control/special tactics
work could be a contributing factor for the injury.
In support of his request, applicant provided a personal statement,
documents extracted from his on-the-job (OJT) training records, and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the United States Army from 5 Oct 81 through 4 Oct 84.
He contracted his initial enlistment in the Regular Air Force on 6 Jan 87.
He was progressively promoted to the grade of master sergeant, having
assumed that grade effective and with a date of rank of 1 Feb 02. He
served as a Combat Control Craftsman. He voluntarily retired from the Air
Force on 31 Jan 04, having served 20 years and 25 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 partially approved for intervertebral disc
syndrome, rated at 20%; traumatic arthritis of the left shoulder, rated at
10%, and paralysis of sciatic nerve, rated at 10%. His remaining
conditions were disapproved based upon the fact that the 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 and DVA
medical records show his traumatic arthritis of knees, bursitis of the
elbows, and left ankle sprain with residuals are not combat related. He
stated he developed his knee conditions after suffering an injury during
telemark winter warfare training. However, his records merely indicate he
was skiing at the time. His OJT records provide no evidence to confirm he
was performing military duties at the time of the incident. To qualify for
compensation under CRSC there must be evidence that identifies the combat
related origin of each disability. No evidence was provided that clearly
confirms the bursitis of elbows resulted from combat related activity.
While statements in his service medical records indicate he sprained his
ankle while negotiating the obstacle course, routine events such as
stepping on a rock are not sufficient to be considered combat related, even
when the event occurs while performing military exercises and training.
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 18 Feb
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-
00146 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 6 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 Feb 05.
Exhibit D. Letter, SAF/MRBR, dated 18 Feb 05.
THOMAS S. MARKIEWICZ
Chair
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