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AF | BCMR | CY2006 | BC-2005-02382
Original file (BC-2005-02382.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02382
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  1 Feb 07

_________________________________________________________________

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  during  an  alert  exercise.   After  boarding  an
aircraft he grabbed  the  hand  of  another  individual  to  assist  him  in
boarding the aircraft.  The individual  lost  his  footing  and  his  weight
pulled him  from  the  aircraft  approximately  seven  feet  to  the  ground
injuring his back.

In support of his request, applicant provided a personal statement,  witness
statements,  his  Department  of  Veterans'  Affairs  rating   decision,   a
temporary duty order, and a physician statement.  His  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlistment in the Army of the United States on 27 Nov 42  and  was
discharged on 11 Oct 45.  He enlisted in the Enlisted Reserve  Corps  on  11
Oct 45 and served in the Reserves until his enlistment in  the  Regular  Air
Force on 16 Aug 51.  He was progressively promoted to the  grade  of  senior
master sergeant, having assumed that grade effective  and  with  a  date  or
rank of 1 Apr 67.  He voluntarily retired from the Air Force on 31  Mar  69,
having served 26 years, 1 month, and 10 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was approved for tinnitus and  impaired  hearing  rated
at 30%.  His back strain was  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  the  treatment  he  initially
received in 1964 for back strain was attributed to him being in an  "awkward
position in aircraft crawlway."  Later accounts indicate  he  fell  from  an
aircraft while moving equipment.  The only description of him  being  pulled
out of the airplane by another crewmember was provided by himself  in  1990.
The majority of the evidence indicates his condition was  the  result  of  a
fall from an aircraft.  To make the determination that  an  injury  resulted
from an instrumentality of war and eligible  for  CRSC,  the  aircraft  must
have caused the fall or there must have been a malfunction in  the  aircraft
itself  that  caused  the  injury.   In  his  case  the  aircraft  did   not
malfunction and there is no evidence to confirm  another  individual  caused
his fall.

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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
02382 in Executive Session on 28 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 26 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Oct 05.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Oct 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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