RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03600
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 May 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, right knee prosthesis, limited
motion in right arm, degenerative arthritis of the cervical and
thoracolumbar spine, and supraventricular arrhythmias, be assessed as
combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are the result of "over extension of my physical
capabilities during the heat of battle." He was required to use an
"extraordinary amount of strength and stamina" helping the gunners in the
AC-47 aircraft keep the three mini-guns filled with ample ammo and
reloading the aircraft with flares and ammo and returning to the fight.
In support of his request, applicant provided a copy of his current
Department of Veterans' Affairs (DVA) rating decision. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 19 Dec 58. He was progressively promoted
to the grade of colonel, having assumed that grade effective and with a
date of rank of 1 Nov 79. On 31 Dec 88, he voluntarily retired for years
of service. He served 36 years, 11 months, and 3 days on active duty
Available DVA records reflect a combined compensable rating of 70% for his
unfitting conditions.
His CRSC application was disapproved on 4 Oct 05 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states for heart conditions such as
supraventricular arrhythmias to qualify for CRSC, the condition must be
secondary to Agent Orange contracted diabetes mellitus or declared
presumptive to POW internment and so stated in the applicable DVA rating
decision. There is no evidence he was diagnosed with diabetes mellitus or
interned as a POW. There is no evidence the remainder of his conditions
were the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war. His conditions have been
service-connected by the DVA based on their standard. CRSC criteria
require documentation to support a qualifying CRSC event or events as the
direct cause of the disabilities. Simply being in an armed conflict or
exercise environment, being in a military vehicle, or performing hazardous
service does not automatically qualify an individual for CRSC.
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 20 Jan
06 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
conditions the applicant believes are combat-related were 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, do 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-
03600 in Executive Session on 28 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 16 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 9 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 20 Jan 06.
THOMAS S. MARKIEWICZ
Chair
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