RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01594
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 15 Nov 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, bronchitis, traumatic arthritis
of left shoulder, traumatic arthritis of left second metacarpal, sinusitis,
traumatic brain disease, and disfigurement of head, neck or face (chin), be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His bronchitis has been re-evaluated and rated at 30 percent and could be
the result of pollutants (Agent Orange) in Vietnam.
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 13
Oct 54. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Jun 66.
He served as a Flight Engineer. He voluntarily retired from the Air Force
on 31 Oct 74, having served 20 years and 2 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 50% for his unfitting conditions.
His CRSC application was disapproved on 9 Dec 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his bronchitis was first noted in
1965, prior to his tour in Vietnam (1968-1969). Additionally there are
numerous annotations in his medical records regarding treatment for a
variety of upper respiratory conditions, with sinusitis first being noted
in 1972. Sinusitis and bronchitis are not considered presumptive
conditions from exposure to Agent Orange. His skull and chin injuries are
the result of a car accident. Injuries from car accidents are not normally
eligible for CRSC compensation unless some combat related factor caused the
accident. His traumatic arthritis of the left second metacarpal was from a
softball injury. His shoulder condition appears to have resulted from
lifting a squirming child. None of these circumstances are combat related.
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 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-
01594 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 6 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 15 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 22 Jul 05.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-02309
During the medical "red flags" and Combat Medical Readiness Training sessions the conditions under which they were conducted simulated war and required both mental and physical stress. 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...
AF | BCMR | CY2005 | BC-2004-02061
His CRSC application was disapproved on 22 Mar 04 based upon the fact that evidence provided did not show his service-connected medical conditions were combat-related. 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 30 Jul 04 for review and comment within 30 days. We agree with the opinion and recommendation of the Air Force...
AF | BCMR | CY2006 | BC-2004-01982
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01982 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated MANDATORY CASE COMPLETION DATE: 2 Feb 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, diabetes mellitus, Meniere's syndrome, degenerative arthritis of the lumbar spine, cervical spine and left knee, inflammation of the iris,...
AF | BCMR | CY2004 | BC-2003-02830
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02830 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: All of his service-connected medical conditions be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. There are no service medical record entries for injuries...
AF | BCMR | CY2005 | BC-2004-02060
_________________________________________________________________ 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-2005-01650
Additionally, the DVA is not providing compensation to him for his bronchitis. 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 10 Jun 05 for review and comment within 30 days. 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...
AF | BCMR | CY2005 | BC-2004-00250
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00250 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated Mandatory Case Completion Date: 30 Jul 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hypertensive heart disease, knee prosthesis, degenerative arthritis, and traumatic arthritis, be assessed as combat related in order to...
AF | BCMR | CY2005 | BC-2005-00146
DPPD states a review of his service and DVA medical records show his traumatic arthritis of knees, bursitis of the elbows, and left ankle sprain with residuals are not combat related. No evidence was provided that clearly confirms the bursitis of elbows resulted from combat related activity. 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...
AF | BCMR | CY2006 | BC-2004-01986
His CRSC application was disapproved on 19 Apr 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD states a review of his service and DVA medical records show his skin condition is not combat related. 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 28 Jan 05...
AF | BCMR | CY2006 | BC-2005-01318
In support of his request, applicant provided a personal statement. He voluntarily retired from the Air Force on 30 Jun 95, having served 20 years and 13 days on active duty. Therefore, CRSC cannot be considered until the DVA recognizes the condition as service-connected.