RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03178
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 Apr 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her service-connected medical condition, condition of the skeletal system
(wrist), be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her injury was incurred when she fell off a truck used to transport
patients. The truck is an instrumentality of war. The truck stopped for
loading, then possibly moved again as she was in the process of climbing
from the tire into the bed. Another person was already in the bed of the
truck. Her hands suddenly jerked loose from her grip and she fell to the
pavement.
In support of her request, applicant provided documentation associated with
her CRSC application. Her complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Air Force Reserve as a Clinical Nurse and was
progressively promoted to the grade of lieutenant colonel. Her name was
placed on the Air Force Retired List, Retired Reserve Section on 12 Jul 04.
She served 32 years, 1 month, and 27 days with 24 of those years as
satisfactory service.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for her unfitting conditions.
Her CRSC application was disapproved on 10 Feb 05 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 while medical documentation does
confirm she fell from a military vehicle no evidence can be found that
indicates there was a malfunction of the vehicle that caused the injury or
that something combat related occurred which caused a sudden movement of
the truck (such as the driver starting to drive away to avoid being struck
during a rocket attack). The Emergency Room Nursing note, dated 16 Dec 94,
indicates she told the medical provider that she fell off a stationary
truck. When considering the injury claimed by an applicant, the board
believes the most reliable and accurate evidence is the documentation
prepared at the time of the incident. Accounts prepared many years after-
the-fact are not considered as reliable as those prepared at the time of
the event since memories may be clouded by time and perspective.
Therefore, based on the evidence, it appears her wrist injury was the
result of a fall from a stationary military vehicle.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded that after the incident an individual was verbalizing
anger about the accident. She spoke up and said that the truck had not
moved while she was climbing into it. At that time she thought that
statement was true. She had not felt any movement under her feet. Over
the years she has wondered about the incident and now concludes that the
truck must have moved while she was in the process of climbing in it.
While it is probably true that original statements are most accurate, there
may be exceptions. The state of mind and true reasoning ability of someone
who has just suffered a severe injury may not be as reliable as that of the
same person when not in pain and near shock.
Her complete response is at Exhibit D.
_________________________________________________________________
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-
03178 in Executive Session on 28 Apr 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 10 May 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 3 Feb 06.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 06.
Exhibit E. Letter, Applicant, dated 8 Mar 06.
THOMAS S. MARKIEWICZ
Chair
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