RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03898
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 24 Jun 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, limited motion in the lumbar
spine, be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical records are incomplete and were lost for over a year due to the
evacuation of Clark AB, PI. His injuries started during his first combat
tour in 1968. However, pilots were rarely placed in Duty Not Including
Flying (DNIF) status due to the need to fill the flying schedule. He
completed over 400 combat missions and has no documentation of the numerous
G injuries he received. Many times while deployed and an injury occurred,
a permanent record was not made of the event. Other times injuries were
not treated until days or weeks after the initial strain due to the type of
injury. As a result of the flight surgeon's advice, many times he did not
go to the flight surgeon for fear of being termed "chronic" and a permanent
grounding. His disabilities are the result of repeated flying injuries
over the course of 25 years flying fighters.
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 was appointed a second lieutenant, Reserve of the Air Force on 5
Aug 66 and was voluntarily ordered to extended active duty on 17 Oct 66.
He was progressively promoted to the grade of colonel, having assumed that
grade effective and with a date of rank of 1 Nov 87. He served as a
fighter pilot. On 31 Oct 93, he voluntarily retired for years of service.
He served 27 years and 14 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 disapproved on 6 Dec 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. His application was subsequently approved for limited motion in
cervical spine, rated at 10%.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states no evidence can be found to
support approval of his limited motion of the lumbar spine. The evidence
indicates his limited motion in lumbar spine was caused by sports injuries
and heavy lifting. These types of activities, while performed during
military service, are not considered combat related. Simply being in an
armed conflict or exercise environment, being in a military vehicle, or
performing hazardous service, in and of itself, does not automatically
qualify an individual for CRSC. There must be documentation identifying
the specific cause of the injury or illness, the activities/events taking
place at the time, and linking them to the resulting disability.
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 17 Feb
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
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.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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-
03898 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 15 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 6 Feb 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 06.
THOMAS S. MARKIEWICZ
Chair
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