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AF | BCMR | CY2006 | BC-2005-03608
Original file (BC-2005-03608.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03608
            INDEX CODE:  108.07
            COUNSEL:  NONE
      1     HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 May 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  anklyosing   spondylitis   and
hypertension, be  assessed  as  combat  related  in  order  to  qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injuries are the result  of  falling  as  he  exited  an  aircraft.   He
stepped off the lower rung of the aircraft ladder and fell five feet to  the
concrete ramp.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

After serving as an enlisted member in the  National  Guard,  applicant  was
appointed a second lieutenant, Reserve of the Air Force on 23  Jul  41.   He
was progressively promoted to the grade  of  colonel,  having  assumed  that
grade effective and with a date of rank of 1  Dec  60.   On  11  May  67,  a
Physical Evaluation Board found him unfit for further military service  with
diagnoses of spine, ankylosis, cervical, dorsal lumbar, due to  spondylitis;
and, hypertensive vascular disease and recommended that  he  be  permanently
retired with a compensable percentage of 60%.  On 3 Jul 67, he  was  retired
by reason of physical disability with  a  compensable  rating  of  30%.   He
served 26 years, 3 months, and 18 days on active duty

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 100% for his unfitting conditions.

His CRSC application was disapproved on 7 May 04 and 13 Sep  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  provides  a  review  of  his  pertinent
medical record entries and states for hypertension to qualify  for  CRSC  it
must be secondary to Agent Orange contracted diabetes mellitus  or  declared
presumptive to POW internment.  No evidence was provided to indicate he  was
diagnosed with diabetes mellitus or ever interned as  a  POW.   His  records
provide conflicting information as to the origin of his  back  injury.   The
first documentation states  it  was  due  to  overstretching  while  he  was
bowling.  Later documentation mentions him mis-stepping when he exited  from
an aircraft.  Documentation indicates he had a "catch"  in  his  back  after
the incident, with severe pain developing later after bowling.

The bottom-line is whether or not  falling  off  the  rung  of  an  aircraft
ladder, due to a mis-step, is  considered  combat  related.   Under  current
CRSC guidance, injuries from  falling  are  not  eligible  for  CRSC  unless
evidence clearly shows some combat related event caused the  fall  (such  as
the  concussion  from  a  bomb  blast)  or   something   on   the   aircraft
malfunctioned which contributed to the 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 13  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-
03608 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 22 Nov 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 3 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jan 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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