RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01699
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 Nov 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, limited motion of the lumbar
spine, be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His back injury occurred during simulated combat training while
participation in an air defense/base defense exercise. While wearing his
chemical suit and gas mask, he was carrying a load, when he fell and
injured his back.
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
Aug 78. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Aug 97.
He served as an Aerospace Control and Warning Systems Craftsman. He
voluntarily retired from the Air Force on 31 Jul 99, having served 20
years, 11 months, and 21 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 20% for his unfitting conditions.
His CRSC application was disapproved on 6 Apr 05 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 applicant's records contain
several entries related to treatment for back pain due to a slip on ice
around 13 Feb 90 and a "collision on the racquetball court." Nothing in
his records confirms his explanation of how the injury occurred and that it
was a combat related event. No mention is made to support his contention
the injury was made while he was participating in an exercise. Simply
being in an armed conflict or exercise environment, being in a military
vehicle, or performing hazardous service does not automatically qualify an
individual for CRSC. What caused the injury, the activities taking place
at the time, and the resulting injury must be looked at.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded that prior to February 1990 he had no back problems.
There are no photographs or documents which will state categorically that
he was injured while wearing chemical gear, moving as quickly as he could
to a new location per direction of his commander during a simulated attack
during an exercise, but those are the facts. He has been unable to find
any information showing the exact dates of the exercise. His mentioning of
the racquetball collision was only because he was asked about any recent
trauma. That collision happened prior to the exercise and produced no
injury. The fall on the ice hurt his back.
His complete response, with attachment, is 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
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-
01699 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 15 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 21 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
Exhibit E. Letter, Applicant, not dated, w/atch.
THOMAS S. MARKIEWICZ
Chair
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