RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00508
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 15 Aug 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, condition of the skeletal system
- both shoulders, spinal disc condition, limited extension of both knees,
and impairment of toes on both feet, be assessed as combat related in order
to qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
All of his conditions were incurred during the preparation for war
exercises. His injuries occurred during periods in which he participated
in war games between 1981 and 1987. He was not aware at the time that he
had to inform the doctors his injuries happened while he was participating
in exercises.
In support of his request, applicant provided documentation associated with
his CRSC application and AFI 10-210, Prime Base Engineer Emergency Force
(BEEF) Program. His complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 11
Mar 74. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 90.
He served as an Aircraft Fuels Mechanic and an Environmental Craftsman. He
voluntarily retired from the Air Force on 31 Jul 97, having served 23
years, 4 months, and 20 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 disapproved on 17 Feb 04 and 22 Jul 04 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 a review of his service and DVA
medical records show his condition of the skeletal system - both shoulders,
spinal disc condition, limited extension of both knees, and impairment of
toes on both feet are not combat related. His records provide no evidence
to support his contention that his conditions occurred while participating
in war exercises. His records describe him as an avid weight lifter with
chronic shoulder impingement. He sustained an injury to his left shoulder
in a motor vehicle accident in 1982. There is no information to confirm he
incurred injuries to his shoulders while performing combat related duties.
An entry dated 8 Jul 96 states he was evaluated for low back pain after he
told the provider he had no trauma or other episode. An entry dated 24 Mar
82 states he reported occasional knee pain that began with weight lifting
in 1976 and on 4 Apr 84 he identified a mild trauma he received playing
football. His records indicate he suffers from forefoot atrophy which
caused the discomfort in his toes. No mention is made to a combat related
injury to his toes or feet. Although he did perform duties in a specialty
that performed al significant amount of mobility exercises, for a condition
to be eligible for CRSC compensation, clear evidence must be provided to
show an injury occurred and was caused by a combat related factor rather
than routine causes/exposures.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
00508 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 10 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 22 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
Exhibit E. Congressional Inquiry, dated 8 Mar 05.
THOMAS S. MARKIEWICZ
Chair
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