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
AF | BCMR | CY2006 | BC-2004-02645
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