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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