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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