RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00698
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 Aug 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, hemorrhoids and traumatic
arthritis of the cervical spine, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are the result of 17 years of flying military aircraft of
which over 3,000 hours was in a B-52 aircraft wearing a 10-pound helmet and
a 35-pound parachute while sitting in an ejection seat for 8 to 12 hours.
His medical records indicate tailbone discomfort in August 1978 occurring
during refueling. His physician recommended alteration of his seat in the
cockpit to help alleviate the discomforts. As a pilot he avoided doctors
because he did not want to be grounded. His back and hemorrhoids were
hurting and causing him problems so he sought treatment in 1978.
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 18 Feb 70. He was progressively promoted
to the grade of major, having assumed that grade effective and with a date
of rank of 1 Apr 82. He served as a pilot, primarily aboard B-52 and KC-
135 aircraft. On 28 Feb 90, he voluntarily retired for years of service.
He served 20 years and 11 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
His CRSC application has been approved for impaired hearing, rated at 0%;
and tinnitus, rated at 10%. His hemorrhoids and traumatic arthritis of the
cervical spine were disapproved based upon the fact that the service-
connected medical conditions were determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the issue at hand is whether his
duties were the direct cause of his disabilities. There is no evidence his
hemorrhoid condition was directly caused by performance of his duties as a
pilot. While the doctor did recommend alteration of his seat to alleviate
pressure on his tailbone and hemorrhoids, this does not conclusively prove
the hemorrhoids were caused by sitting in an ejection seat. In order to
qualify for CRSC, there must be documentation that shows the direct combat
related cause of each disability. With regard to his traumatic arthritis
of the spine, a review of his service medical records shows an entry dated
15 Nov 72, in which he hurt his back stepping off a curb, exacerbated
getting out of bed; an entry dated 28 Mar 77, upper back pain following
heavy yard work; an entry dated 2 Aug 78, discomfort during air-refueling
with no history of trauma; an entry dated, 22 Jul 86, stiff neck following
heavy yard work; and entries for neck pain with no history of trauma.
Although aircrew duties can be strenuous, conditions developed through the
performance of normal service are not usually considered combat related.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 10 Jun
05 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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
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 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-
00698 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 21 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 6 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 05.
THOMAS S. MARKIEWICZ
Chair
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