RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01650
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 NOV 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, crushing injury to right hand and
bronchitis, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His hand injury was caused when a jack failed and dropped a 2-1/2 ton truck
on his hand in Vietnam. His bronchitis was the result of exposure to
mustard gas.
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 10
Sep 53. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 1 Oct 66.
He served as a Vehicle Operator. He voluntarily retired from the Air Force
on 30 Nov 73, having served 20 years 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 21 Apr 05 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 while his records confirm his
hand condition was the result of a crushing injury while changing a tire,
this event is not considered to be combat related. The failure of the tire
jack was not directly caused by armed conflict, hazardous service, or
simulating war and a military truck and the equipment required for its
maintenance are not considered instrumentalities of war. In his initial
application he claimed his bronchitis was caused by exposure to Agent
Orange. However, bronchitis is not considered presumptive to Agent Orange
exposure. He is now claiming it is the result of exposure to mustard gas.
No evidence was provided to confirm the exposure occurred. 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. 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-
01650 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 6 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 05.
THOMAS S. MARKIEWICZ
Chair
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