RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00472
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 Aug 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, back strain, be assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His condition is the result of his duties as a navigator.
In support of his request, applicant provided a personal statement and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 27 Mar 62. He was progressively promoted
to the grade of colonel, having assumed that grade effective and with a
date of rank of 1 Jan 83. He served a variety of positions including,
Navigator/Flight Examiner, Assistant Staff Navigator, Procurement
/Contractor, Deputy Acquisition Management, Contracting Deputy, and as a
Vice Commander. On 31 Mar 92, he voluntarily retired for maximum years of
service. He served 30 years, and 5 days on active duty
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his unfitting conditions.
His CRSC application was approved on 28 Dec 04 for impaired hearing and
tinnitus. His back strain was disapproved based upon the fact that the
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 his back strain is not combat related. Routine
performance of duties is not sufficient to warrant approval of compensation
under CRSC. Some acute combat related event must have occurred such as
diving for cover during a rocket attack or straining the back after
ejecting from an aircraft in order to award CRSC. No evidence can be found
to confirm an acute event occurred. His records do not show, while in
service, a combat-related event or events that were the direct cause of his
disabilities.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded that his back strain is not attributable to any one
instance but rather to actions taken in performance of duties during
combat, hazardous service and during war games and exercises. The
disability occurred while serving as a combat navigator on AC-119 Gunships
while in Vietnam. The disability also occurred while engaged in hazardous
service on board C-124 and C-141 aircraft flying into and out of Vietnam
and Thailand and the Dominican Republic during a hostile conflict in 1965.
His condition was exacerbated because of the position required at the Night
Observation Scope crew position and by actions taken at his crew station on
the C-124 and C-141. Under the definition for CRSC there is no requirement
other than that the disability be the result of performing/operating under
these conditions. None of the information provided to him indicates "some
acute combat-related event must have occurred."
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-
00472 in Executive Session on 11 Jan 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Richard A. Peterson, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jan 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 3 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 11 Mar 05.
Exhibit E. Letter, Applicant, dated 22 Mar 05.
Exhibit F. Letter, Applicant, dated 3 Oct 05.
Exhibit G. Letter, SAF/MRBC, dated 7 Oct 05.
THOMAS S. MARKIEWICZ
Chair
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