RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00285
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, shoulder condition, conditions of
the skeletal system, and back strain, be assessed as combat related in
order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was ordered to the U.S. to ferry an EB-66C aircraft to Thailand for use
in combat. His injuries were incurred when the aircraft crashed during
take-off.
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 was appointed a second lieutenant, Reserve of the Air Force on 26
Nov 56. He was progressively promoted to the grade of major, having
assumed that grade effective and with a date of rank of 13 Dec 66. He
served as an Airlift Navigator. He voluntarily retired from the Air Force
on 30 Sep 75, having served 20 years and 29 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his unfitting conditions.
His CRSC application was disapproved on 5 Jan 05 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 injuries received due to mishaps
in civilian aircraft are not considered combat-related unless some combat
event caused the mishap. In this case, the crash appears to have been the
backwash from jetliner that took off prior to the aircraft he was traveling
in. Since the circumstances surrounding the crash are not combat related,
compensation under CRSC is not appropriate.
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 13 May
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-
00285 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 19 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 4 May 05.
Exhibit D. Letter, SAF/MRBR, dated 13 May 05.
THOMAS S. MARKIEWICZ
Chair
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