ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03786
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 18 Jul 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, limited motion in the lumbar and
cervical spine and limited motion of the arms, be assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 Jan 06, the Board considered and denied applicant's request that his
service-connected prostate gland condition be assessed as combat related as
due to exposure to Agent Orange. For an accounting of the facts and
circumstances surrounding the applicant’s request and the rationale of the
earlier decision by the Board, see the Record of Proceedings at Exhibit F.
In his most recent submission, applicant now requests his limited motion in
the lumbar and cervical spine and limited motion of the arms be assessed as
combat related. Applicant provided numerous statements in which he
contends, amongst other things, that his conditions are the result of an
automobile accident, heavy lifting while performing his food service duties
and lifting while on detail unloading aircraft. He contends that because
of racial issues he was denied a retirement physical and had he been given
one his injuries would have been documented. In support of his request
applicant provided documentation associated with his CRSC appeal. His
complete submissions, with attachments, are at Exhibit G.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states while military service can be
stressful, chronic conditions developed through the performance of normal
service are not usually found to be combat related. To approve CRSC, clear
documentation must be provided which links the condition to a combat
related factor rather than to the individual's physical make-up or some
other routine cause. Since he was injured in an automobile accident, these
injuries are not considered combat related. For injuries from a vehicle
accident to be considered combat related, a military vehicle (classified as
an instrumentality of war) must have been the cause of the accident.
The DPPD evaluation is at Exhibit H.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response to the Air Force evaluation, applicant provided several
statements in which he reiterates contentions previously made. His
complete responses, with attachments are at Exhibit I.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a review of the available evidence
of record, it is our opinion that the additional 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 again 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.
2. 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-2004-
03786 in Executive Session on 28 Apr 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher Carey, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 12 Jan 06, W/Exhibits.
Exhibit G. Letter, Applicant, dated 17 Jan 06, w/atchs.
Exhibit H. Letter, AFPC/DPPD, dated 23 Feb 06.
Exhibit I. Letter, SAF/MRBR, dated 2 Mar 06.
Exhibit J. Letter, Applicant, dated 8 Mar 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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