RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00535
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 AUG 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 injury was incurred while assigned to DaNang AB Vietnam during the
Vietnam War. His records state he was injured while on a sand bag filling
detail. While he was stationed in Vietnam sand bags were filled to protect
the buildings and living quarters. He was never armed or in a fire-fight
but he was assigned to a support unit supporting the war effort.
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's military personnel records are not available. Data extracted
from documentation provided by the applicant and extracted from the
personnel data system indicates he was progressively promoted to the grade
of chief master sergeant, having assumed that grade effective and with a
date of rank of 1 Jan 82. On 1 Jun 87, his name was placed on the Retired
Reserve List, awaiting pay at age 60.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 20 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 a review of his service and DVA
medical records show no evidence to confirm his explanation of the events
leading to his injury. An entry dated 18 Jul 69, indicates he was treated
for low back pain caused by lifting sandbags. An entry dated 15 May 67,
states he was treated for a back injury that occurred while playing
softball; and an entry dated 28 Apr 72, notes he sprained his back riding
in a truck that struck a hole and bounced. Later accounts by the applicant
provide conflicting versions of the incident. On 23 Aug 77, he gave a
history that in 1969 he was hit in the back by a piece of equipment while
in Vietnam; and on 27 Jan 98, he stated injured his back when he was
building a bunker and a stack of sandbags fell on his back. In his CRSC
application he states he developed his back condition after he was struck
by a back hoe which pushed him into a wall.
Injuries from routine activities, such as lifting, are not considered to be
combat related even when they occurred while performing military duties or
training. Had the injury occurred due to a unique combat related
circumstance, such as the shock of a bomb blast throwing him against a
bunker, approval would be warranted.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states building bunkers in a hostile area of a war zone is as
much part of the war effort was other duties. The advisory indicates he
injured his back while playing softball in 1967. The actual injury was to
his right ankle in 1964. He reiterates he injured his back lifting sand
bags while building a bunker. Applicant agrees he had other back injuries
during his career, the injury in question in the one he received in Vietnam
lifting sand bags. His complete response is at Exhibit E.
_________________________________________________________________
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 was 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-
00535 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 7 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 1 Apr 05.
Exhibit E. Letter, Applicant, dated 5 Apr 05.
THOMAS S. MARKIEWICZ
Chair
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