Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-01153
Original file (BC-2005-01153.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01153
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 DEC 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, 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 injury was incurred while removing and replacing a Radar Indicator in  a
B-47E aircraft.  The  aircraft  has  a  small  entry  walk  space  from  the
entrance to the operator's seat, making it impossible  to  stand  up,  which
compounds the difficulties changing equipment.  In  other  words,  applicant
asserts, the aircraft design was a factor.

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  18
Jan 54.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jan  68.
He served as an Aircraft  Electronic  Technician.   He  voluntarily  retired
from the Air Force on 31 Jan 74, having served  20  years  and  15  days  on
active duty.

His CRSC application was disapproved on 25 Aug 04 and 7 Oct  04  based  upon
the fact that evidence  was  not  provided  to  show  his  service-connected
medical condition was combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records does show he developed a low back pain after  stooping  over
in the aircraft while lifting a radar indicator.   Evidence  also  indicates
he was treated several times throughout his career for low back  pain.   All
evidence indicates his injury was  the  result  of  a  lifting  episode,  as
stated in the DVA rating decision.  While aircraft design may have  required
him to work in a confined  space,  that  factor  alone  is  insufficient  to
warrant approval of CRSC.  To make a determination that an  injury  resulted
from an instrumentality of war there must have been  a  malfunction  in  the
aircraft itself that caused the  injury.   While  he  did  strain  his  back
through heavy lifting, this act is not unique to  actual  combat  or  combat
simulation and is not considered to be combat related for  the  purposes  of
CRSC.

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 22  Apr
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 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-
01153 in Executive Session on 6 Feb 06, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2004-02645

    Original file (BC-2004-02645.DOC) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred while manually lifting an aircraft canopy during simulated combat operations. His request was denied by the CRSC board, which opined that his injuries do not qualify for CRSC because injuries incurred as a result of lifting do not meet the criteria to qualify for CRSC compensation. The Board majority believes the applicant's service-connected conditions qualify for CRSC...

  • AF | BCMR | CY2005 | BC-2005-00390

    Original file (BC-2005-00390.DOC) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. However, evidence has not been provided which would show that any of his conditions were awarded service-connection based on presumption of radiation exposure as required for a combat-related determination. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...

  • AF | BCMR | CY2005 | BC-2005-00535

    Original file (BC-2005-00535.DOC) Auto-classification: Denied

    In support of his request, applicant provided documentation associated with his CRSC application. Applicant agrees he had other back injuries during his career, the injury in question in the one he received in Vietnam lifting sand bags. 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,...

  • AF | BCMR | CY2005 | BC-2004-02060

    Original file (BC-2004-02060.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred when he fell off a ladder entering a B-29 aircraft. DPPD states a review of his service and DVA medical records show his degenerative arthritis and limited motion of arm are not combat related. 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...

  • AF | BCMR | CY2006 | BC-2005-00018

    Original file (BC-2005-00018.DOC) Auto-classification: Denied

    There is no evidence to support his claim his back condition was the result of loading equipment onto aircraft and trucks. 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...

  • AF | BCMR | CY2006 | BC-2005-02116

    Original file (BC-2005-02116.DOC) Auto-classification: Denied

    This was done during simulated war conditions and is hazardous service based on the fact he was receiving hazardous duty and incentive pay at the time. 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. We agree with the opinion and recommendation of the Air Force office of...

  • AF | BCMR | CY2004 | BC-2003-04065

    Original file (BC-2003-04065.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-04065 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, spinal disc condition, hemorrhoids, and high blood pressure, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...

  • AF | BCMR | CY2004 | BC-2003-04034

    Original file (BC-2003-04034.DOC) Auto-classification: Denied

    The Medical Consultant states duties as an aircraft mechanic are not classified as hazardous duty under the criteria for CRSC. 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...

  • AF | BCMR | CY2005 | BC-2004-00570

    Original file (BC-2004-00570.DOC) Auto-classification: Denied

    He served 20 years and 1 day on active duty. This constant slipping on ice between aircraft caused a disc in his lower back to slip out of place. Exhibit E. Letter, Applicant, dated 27 May 04.

  • AF | BCMR | CY2005 | BC-2004-02461

    Original file (BC-2004-02461.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02461 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, intervertegral disc syndrome, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...