RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01646
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 Nov 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, degenerative arthritis (chronic
plantar fasciitis and heel spurs, bilaterally) and degenerative arthritis
of the cervical spine, be assessed as combat related in order to qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are the result of a jump from a dock during a mortar attack
in Vietnam and being knocked backwards from a concussion of another mortar
blast while in Vietnam. He reinjured his neck when a pipe from a
commissary tent fell, striking his neck during a combat training exercise.
In support of his request, applicant provided numerous personal statements
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 15
Mar 68. He served as a Food Service Specialist. On 31 Mar 88, he
voluntarily retired from the Air Force in the grade of staff sergeant,
having served 20 years and 17 days on active duty. On 14 Mar 98, he was
advanced to the grade of technical sergeant on the USAF Retired List.
His CRSC application was approved for diabetes mellitus rated at 20%. His
remaining conditions were disapproved based upon the fact that the service-
connected medical conditions were determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states there is no corroborating
documentation of the incidents described, or any injuries suffered in those
incidents. CRSC cannot be approved for unsubstantiated claims. While his
conditions are deemed service connected by the DVA, their standards for
approval focus on connecting the claimed disabilities to his period of
service.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant's response to the Air Force evaluation, with attachments, is
appended at Exhibit E.
_________________________________________________________________
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-
01646 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 13 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 8 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 13 Feb 04.
Exhibit E. Letter, Applicant, dated 27 Nov 05, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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