ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02290
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 Jan 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, injury to right toe, heel, and
knee condition, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant submitted a similar appeal which was considered and denied by the
board on 5 Aug 06. For an account of the facts and circumstances
surrounding his previous appeal and the Board's decision, see the Record of
Proceedings at Exhibit F.
In his most recent submission, applicant states he tried to obtain letters
from former commanders who were fully aware of his involvement and injuries
but was unable to do so. He Provided a letter from his Representative,
documentation extracted form his Department of Veterans' Affairs records
and Officer Performance Reports and requests reconsideration of his
application. His complete submission, with attachments, is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application along with the additional
documentation provided it remains our opinion that the 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 do not qualify for compensation under the CRSC
Act. In his previous submission, applicant contended that his conditions
were the result of jumping out of aircraft during combat operations in
Grenada and during Operation Provide Comfort. CRSC criteria requires for
approval, documentary evidence that supports the claims for compensation.
This evidence must show causal relationship between the disabilities and a
combat-related event or events causing the injury. Speculation or personal
accounts of events are insufficient justification. We are not persuaded by
the evidence provided in support of his request for reconsideration that
his conditions meet the established criteria as being combat-related in
order to qualify for CRSC compensation. Accordingly, 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-2004-
02290 in Executive Session on 10 Jul 06, 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 F. Record of Proceedings, dated 5 Aug 06, w/Exhibits.
Exhibit G. Letter, Applicant, dated 18 May 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-02290
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02290 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, injury to right toe, heel, and knee condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special...
AF | BCMR | CY2008 | BC-2007-03881
In support of her request, she provided documentation associated with her CRSC application. She requested reconsideration after the VA granted her PTSD and Depression as a service connected disability. No additional documentation was provided to support a combat-related event as the direct cause for PTSD and Depression.
AF | BCMR | CY2007 | BC-2006-01728
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01728 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 10 DECEMBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Intervertebral Disc Syndrome, be reevaluated as combat related in order to qualify for compensation under the Combat Related Special...
AF | BCMR | CY2006 | BC-2004-00919
In support of his request, applicant provided documentation associated with his CRSC application. Tractor trailers are not designed primarily for military service and are not unique to combat or military situations; therefore, a tractor trailer is not an instrumentality of war. 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...
AF | BCMR | CY2006 | BC-2005-00732
His CRSC application was disapproved on 19 Aug 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD provided a review of his relevant medical history and states no evidence can be found to indicate any of the claimed conditions were caused by a combat related injury or event. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are...
AF | BCMR | CY2006 | BC-2005-00659
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00659 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 Aug 06 _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Additionally, injuries from falling are not eligible for compensation under CRSC guidance unless evidence clearly shows some combat related event caused the fall. The DPPD evaluation is...
AF | BCMR | CY2006 | BC-2005-01552
In support of his request, applicant provided a personal statement and documentation associated with his CRSC application. No evidence, such as a medical report of accident report prepared at the time of the injury can be found. _________________________________________________________________ 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...
AF | BCMR | CY2006 | BC-2005-00763
_________________________________________________________________ APPLICANT CONTENDS THAT: His medical records indicate his injury was incurred while clipping hedges in September 1969. We agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ THE BOARD...
AF | BCMR | CY2007 | BC-2006-02679
In support of his request, applicant provided a personal statement. However, since no clear in-service evidence can be found to link his knee conditions to a combat-related event or injury, they are unable to approve CRSC for these conditions. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2004-02461
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02461 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, intervertegral disc syndrome, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...