RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01017
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 Nov 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, impaired hearing and spinal disc
condition, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His spinal disc injury was incurred when he was pinned against a hanger
door while in Panama supporting the Vietnam War.
In support of his request, applicant provided 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 3
Jun 58. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Sep 77.
He served as a Vehicle Maintenance Supervisor. He voluntarily retired from
the Air Force on 31 Jul 79, having served 21 years, 1 month, and 28 days on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 70% for his unfitting conditions.
His CRSC application was approved for tinnitus rated at 10 percent. His
impaired hearing was disapproved based on lack of evidence to support the
condition manifested while in service. His spinal disc condition was
disapproved based upon the fact that this service-connected medical
condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his medical records
reveals he experienced several accidents resulting in injuries to multiple
parts of his body. There is no mention in any of the medical documentation
that he injured his back when pinned between hangar doors. It appears his
back condition was the result of injuries received during his numerous
accidents.
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 29 Jul
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-
01017 in Executive Session on 6 Feb 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 19 Mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 26 Jul 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
THOMAS S. MARKIEWICZ
Chair
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