ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00986
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 Aug 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 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.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 May 05, the Board considered and by a majority vote, recommended
denial of a similar appeal. The Secretary's designee accepted the
recommendation of the Board majority and denied the request. For an
accounting of the facts and circumstances surrounding the appeal and the
rationale of the earlier decision, see the Record of Proceedings at Exhibit
G. In this most recent submission, applicant contends that due to combat
fatigue his back was injured after falling while exiting a combat aircraft.
In support of the request, applicant provided a personal statement and
literature discussing the effects of combat fatigue. The complete
submission, with attachments, is at Exhibit H.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record and the additional evidence
provided by the applicant, it remains our opinion that the service-
connected medical condition the applicant believes is combat-related does
not meet the strict requirements to qualify for compensation under the CRSC
Act. Applicant contends his back condition qualifies for CRSC as
incidental to a fall from a military aircraft. Applicant further contends
that combat fatigue after a 10-hour mission contributed to the fall.
However, under the qualifying criteria, CRSC approval must be based upon a
definite, documented causal relationship between the combat-related factor
and the resulting disability. Notwithstanding the applicant's assertions,
a thorough review of the available military records does not show any
corroborative evidence which would support a combat-related determination.
In view of the above, we find no basis upon which to reverse the previous
determination.
_________________________________________________________________
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-2004-
00986 in Executive Session on 6 Apr 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit G. Record of Proceedings, dated 23 May 05, w/Exhibits.
Exhibit H. Letter, Applicant, dated 12 Dec 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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