RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00172
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 15 Jul 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, heart prosthesis and
intervertebral disc syndrome, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His back problem first occurred while flying a combat training mission in
1975 simulating wartime conditions. After the incident he informed doctors
of the injury. The fact that the doctors may or may not have written his
back problem manifested itself while he was flying a combat training
mission does not lessen the facts of how the injury occurred. He has
provided an affidavit of such. A loud heart murmur developed after flying
long tedious hours in the Pacific, which evolved into the problem requiring
surgery.
In support of his request, applicant provided a personal statement, an
affidavit and documentation associated with his CRSC application. His
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in an enlisted status from 25 Jan 60 through 6 Jul 61. He
was appointed a second lieutenant, Reserve of the Air Force on 7 Jul 61.
He was progressively promoted to the grade of major, having assumed that
grade effective and with a date of rank of 1 Apr 71. He served as a pilot,
On 31 Jan 80, he voluntarily retired for years of service. He served 20
years and 6 days on active duty.
His CRSC application was disapproved on 13 Jul 04 based upon the fact that
his service-connected medical condition was determined not to be combat-
related. His impaired hearing was subsequently approved, rated at zero
percent.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records failed to produce documentation shoWing the specific causes
of his heart condition and intervertebral disc syndrome. His records do
not show, while in service, a combat-related event or events that were the
direct cause of these disabilities.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states the affidavit he provided was supposed to update his
records. Rules allow for affidavits when personal records may be lost,
incomplete, or otherwise unavailable. Any additional records are now
inferior to the affidavit. His affidavit substantiates the back injury
manifested while on a combat training mission.
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 the Board majority's 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. The Board majority agrees with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for their conclusion
that the applicant has not been the victim of an error or injustice. In
the absence of evidence to the contrary, the Board majority finds 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.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2005-
00172 in Executive Session on 4 Jan 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher Carey, Member
By a majority vote, the Board voted to deny the request. Mr. Carey voted
to correct the record and did not desire to submit a minority report.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 8 Feb 05.
Exhibit D. Letter, SAF/MRBR, dated 18 Feb 05.
Exhibit E. Letter, Applicant, dated 7 Feb 05.
THOMAS S. MARKIEWICZ
Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of APPLICANT
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that
the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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