RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00763
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 Sep 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, traumatic arthritis of the back,
be assessed as combat related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical records indicate his injury was incurred while clipping hedges
in September 1969. He was stationed in Japan during that timeframe and was
living on the second floor of an apartment and did not have any hedges.
Further, all ground work was performed by local contractors. His injury
was actually incurred while installing Burroughs B-3500 computers while on
temporary duty in Thailand
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 contracted his initial enlistment in the Regular Air Force on 14
Aug 58. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 75.
He served as a Disbursement Accounting Specialist. He voluntarily retired
from the Air Force on 31 Aug 78, having served 20 years and 17 days on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 10% for his unfitting conditions.
His CRSC application was disapproved on 9 Dec 04 based upon the fact that
his service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the DVA rating decision dated 23
Oct 91, states "Service records show veteran seen in September 1969
complaining of sudden low back pain while clipping his hedge." The SF Form
600, Chronological Record of Medical Care, dated 1 Sep 69, reflects he was
clipping a hedge and suddenly developed low back pain. There is no
evidence in his medical records he injured his back moving computer
equipment. Additionally, injuries from routine activities, such as lifting
or moving equipment, are not sufficient to be considered combat related,
even when the event occurred while performing military duties or training.
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 25 Mar
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
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 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. 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-
00763 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 28 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 17 Mar 05
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
THOMAS S. MARKIEWICZ
Chair
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