RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00235
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 JUL 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, degenerative arthritis of the
lumbosacral spine and knees, 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 incurred while performing his duties as a Munitions
Specialist on the flightline, during combat operations. While transporting
ammunition to an F-86 aircraft as Suwon AB, Korea in 1952/1953, he fell
from the back of a truck with a full box of 50 caliber ammunition causing
severe injury to his back and knees. He reported to the medic and was
advised to remain in bed to allow the swelling to recede. Upon his return
to the states he reported to the medical facility and was advised to
exercise for his condition. The Department of Veterans' Affairs (DVA) has
awarded him service connection for his injuries.
In support of his request, applicant provided a personal statement and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 1 Feb 52. He was progressively promoted
to the grade of senior master sergeant, having assumed that grade effective
and with a date of rank of 1 Oct 71. He served in the Republic of Korea
from 1 Jul 52 through 19 Jun 53. He voluntarily retired from the Air Force
on 31 Aug 74, having served 22 years and 7 months on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
His CRSC application was disapproved on 17 Nov 03 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. His application was reviewed a second time in response to an
inquiry submitted through his Congressman and again denied. His tinnitus,
rated at 10%; and hearing loss, rated at 0%, were subsequently approved.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show conflicting information regarding the incident. An
entry dated 7 Aug 53, states he complained of trouble with his back and
knees and the "injury occurred as a result of doing calisthenics." An
entry dated 13 Aug 53, indicates the patient told the medical provider "the
only possible trauma to knees could have been 4 months ago during
calisthenics." During a consultation for his right knee the referring
doctor thought the x-ray showed an old fracture; however, the consulting
medical provider doubted there had been an old fracture. Other evidence is
vague until his DVA compensation exam dated 7 Oct 02, which mentions the
injury resulted from a fall off a truck in 1952 in Korea.
Falling off a truck while performing routine duties is not combat related.
Evidence must be provided to indicate the fall was caused by a combat
related factor such as shock from a bomb blast, rather than human error or
some non-combat related event such as slipping on a wet surface.
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 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 opinions 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-
00235 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 22 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 6 Feb 04, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 13 Feb 04.
Exhibit E. Letter, BCMR Medical Consultant, dated 23 Feb 04.
THOMAS S. MARKIEWICZ
Chair
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