RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01820
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 Dec 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, back strain, be assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injury was incurred while loading weapons during a deployment exercise.
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's total active federal military service date is 19 Sep 50. He
served various assignments in the Air Force Reserves and Air National Guard
as an enlisted member, attaining the grade of senior master sergeant. He
served primarily as an Aircraft Maintenance specialist. His total federal
commissioned service date is 25 May 71. He served in the Air National
Guard and was progressively promoted to the grade of lieutenant colonel,
having assumed that grade effective and with a date of rank of 30 Jun 82.
On 31 May 91, he was transferred to the Retired Reserve List.
His CRSC application was disapproved on 9 Jul 04 and 8 Feb 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 although military duties can be
strenuous, injuries from routine activities such as lifting equipment, are
not sufficient to be considered combat-related, even when the event occurs
while performing military duties or training unless some combat event was
occurring at the same time, which caused or aggravated the injury. Lifting
injuries are not unique to military service or to combat situations. Clear
documentation must be provided to indicate an injury occurred and was
caused by a combat-related factor rather than from routine causes of the
individual's particular physical make-up.
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 14 Oct
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
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-
01820 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 31 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 28 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 14 Oct 05.
THOMAS S. MARKIEWICZ
Chair
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