RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02637
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 Feb 07
_________________________________________________________________
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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injury was incurred unloading an M17 decontamination unit from a truck
during a war exercise.
In support of his request, applicant provided a personal statement and
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 14
May 69. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Oct 83.
He served as an Aircraft Structural Maintenance Technician.
An MEB was convened on 26 Nov 89 and referred his case to an Informal
Physical Evaluation Board (IPEB) with diagnoses of posterior spinal fusion
and myofascial syndrome. The IPEB recommended that he be placed on the
Temporary Disability Retired List (TDRL) with a combined compensable rating
of 60%. The applicant did not agree with the findings and recommended
disposition of the IPEB. On 22 Jan 90, a Formal PEB convened and
recommended he be placed on the TDRL for his status post spinal fusion with
a combined compensable rating of 100%. He was placed on the TDRL on 10 May
90. On % Mar 92, he was removed from the TDRL and permanently retired with
a compensable rating of 100%. He served 20 years, 11 months, and 27 days
on active duty
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
His CRSC application was disapproved on 19 Aug 04 and 19 Sep 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 his records show he initially
injured his back several years prior to being stationed in Turkey.
However, the issue at hand is whether or not the act of lifting a
decontamination unit is considered combat related. Lifting injuries are
not unique to military service or to combat situations, and 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 military
training. An exception would be if some combat related event was occurring
at the same time which caused or aggravated the injury.
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 4 Nov
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-
02637 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 15 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Oct 05.
Exhibit D. Letter, SAF/MRBR, dated 4 Nov 05.
THOMAS S. MARKIEWICZ
Chair
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