RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03611
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 27 May 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. VASRD Code 5295 for his back injury be recoded to 5299.
2. His service-connected medical condition, back strain, be assessed as
combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The damage to his back was primarily caused by the high "G" whiplash
incident and the secondary cause is the well known problem associated with
the F-4 ejection seat design.
In support of his request, applicant provided documentation associated with
his CRSC application. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in an enlisted status from 28 Dec 60 through 25 Jan 62.
He was appointed a second lieutenant, Reserve of the Air Force on 26 Jan
62. He was progressively promoted to the grade of major, having assumed
that grade effective and with a date of rank of 21 Mar 72. He served as an
Electronic Warfare Officer, Pilot, and Air Operations Officer. On 31 Dec
80, he voluntarily retired for years of service. He served 20 years and 3
days on active duty
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 10% for his unfitting conditions.
His CRSC application was approved for his condition of skeletal system-
whiplash, rated at 0 percent. His back strain was disapproved 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 provides a review of the pertinent
medical record entries and states he believes his back strain is due to a
high G-force maneuver which caused a whiplash injury in 1968. There is no
evidence to support his contention that his back strain is related to the
air maneuver which caused his neck injury. The evidence of record relates
the condition to sports injuries, which cannot be considered combat-
related.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded that he believes the many problems he had with his back
possibly began, but surely were made worse by the high "G" incident.
Surely it is not unreasonable to believe that an incident which over
stressed the aircraft would leave lasting damage. His records do not
contain the numerous times he sought help for spinal problems. During the
five years he spent in Italy he frequently saw an Italian doctor who
treated him without generating any written record.
His complete response is at Exhibit E.
_________________________________________________________________
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. Concerning his request that the VASRD
Code assigned to his back injury be changed to 5299, this Board has no
authority with respect to the correction of VASRD codes assigned by the
Department of Veterans' Affairs (DVA). Therefore, that portion of his
request should be referred to the DVA. Regarding his request for CRSC
compensation, 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. Accordingly, 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-
03611 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 21 Nov 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 28 Dec 05.
Exhibit D. Letter, SAF/MRBR, dated 6 Jan 05.
Exhibit E. Letter, Applicant, dated 24 Jan 05.
THOMAS S. MARKIEWICZ
Chair
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