RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01552
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 Nov 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, chronic lumbar strain with
traumatic arthritis and disc disease, be assessed as combat related in
order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During parachute training in 1962, a gust of wind caught his chute during
hook-up of the harness and he was dragged several yards.
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 25
Oct 52. 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 a Flight Engineer and Aircraft Maintenance Technician. He
voluntarily retired from the Air Force on 31 Aug 74, having served 20
years, 11 months, and 22 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 12 Apr 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 a review of his service and DVA
medical records reveals he received treatment for low back pain throughout
his career; however, no mention is made of the parachute training incident
he described. A statement provided by his physician dated 8 Aug 03, notes
medical history which matches his account of the injuries and also
indicated he was medically retired in 1995 after a work-related accident,
when a snow removal truck struck him. The injuries from this accident
appear to have aggravated his chronic back problem. To be eligible for
compensation, clear documentation must be provided to indicate an injury
occurred and was caused by a combat related factor rather than from routine
causes/exposures or the individual's particular make-up. Statements
prepared many years after-the-fact are not considered as reliable as those
prepared at the time of the event since memories may be clouded by time and
perspective. In this case, the only account of the accident is from the
applicant himself. No evidence, such as a medical report of accident
report prepared at the time of the injury can be found.
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 3 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-
01552 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 6 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 May 05.
Exhibit D. Letter, SAF/MRBR, dated 3 Jun 05.
THOMAS S. MARKIEWICZ
Chair
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