RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02116
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 Jan 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, limited motion of dorsal spine, 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 attempting to dislodge an airdrop pallet from a C-
130 aircraft. This was done during simulated war conditions and is
hazardous service based on the fact he was receiving hazardous duty and
incentive pay at the time.
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 20
Feb 76. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
Apr 97. He served as a Traffic Management Journeyman and an Aircraft
Loadmaster. He voluntarily retired from the Air Force on 30 Sep 03, having
served 27 years, 7 months, and 11 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 partially approved on 19 May 04, for tinnitus,
rated at 10 percent. His remaining service connected conditions were
disapproved based upon the fact that the service-connected medical
condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his service medical records
reveals an entry dated 29 Oct 80, indicating he was involved in a
motorcycle/car accident and he suffered a fractured tibia-fibula; on 4 Aug
97, he complained of low back pain which he associated with pallet pushing
since 1991; and entries for complaints of low back pain dated 11 Jan 01, 18
Nov 02, and 27 Oct 03. While his condition was deemed service connected by
the DVA, their standard is to resolve doubt in the interest of the veteran.
Simply being in an armed conflict of exercise environment, being in a
military vehicle, or performing hazardous service does not automatically
qualify an individual for CRSC. What caused the injury must be looked at
and the resulting disability. As such, many disabilities are ineligible
for this program.
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 29 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
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-
02116 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 29 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 26 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-00767
In support of his request, applicant provided a personal statement, his CRSC denial letter, and documents extracted from his medical and flight records. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states the definite causal relationship can be found in the fact that his injury would not have occurred if he was not a crewmember, performing official duties, during ongoing combat...
AF | BCMR | CY2006 | BC-2004-02645
_________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred while manually lifting an aircraft canopy during simulated combat operations. His request was denied by the CRSC board, which opined that his injuries do not qualify for CRSC because injuries incurred as a result of lifting do not meet the criteria to qualify for CRSC compensation. The Board majority believes the applicant's service-connected conditions qualify for CRSC...
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 | CY2008 | BC-2007-04103
In support of his request, the applicant provided a personal statement and documentation associated with his CRSC application. The available evidence of record does not support a finding that the service-connected medical condition the applicant believes is combat-related was 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...
AF | BCMR | CY2006 | BC-2005-01153
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01153 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 7 DEC 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, spinal disc condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2004 | BC-2003-02734
He claims his PTSD is the result of hazardous service and combat related based on a traumatic experience in which he was thrust into during a JP-4 storage tank explosion, which killed approximately 30 Korean contractors. 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...
AF | BCMR | CY2005 | BC-2003-04035
His intervertebral disc syndrome and tendonitis was the result of injuries he received performing maintenance on a B-52 aircraft and shoveling snow that he did not report to the hospital. On 6 Apr 04, the applicant requested and received approval of additional time to respond to the Air Force evaluation. 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...
AF | BCMR | CY2007 | BC-2006-01730
When evaluating injuries resulting from falls, the Board must look at the cause of the fall to determine if that cause was 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 18 Aug 06 (Exhibit D) for review and comment within 30 days. After a thorough review of the available evidence of record, it is our opinion...
AF | BCMR | CY2005 | BC-2004-01876
Flying fighter aircraft is hazardous service and his duties towing target drones were conducted under simulated combat conditions. DPPD states a review of his service and DVA medical records show his hypertension is not combat related. 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.
AF | BCMR | CY2005 | BC-2005-00285
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00285 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 Jul 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, shoulder condition, conditions of the skeletal system, and back strain, be assessed as combat related in order to qualify for compensation under the...