RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00152
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 JULY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, spinal disc conditions and
neuralgia of median and sciatic nerves be reevaluated under the Combat
Related Special Compensation (CRSC) program so he may qualify for
compensation under the CRSC program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His condition of neuralgia of median and sciatic nerves was a result of his
diabetes which was due to his exposure to Agent Orange while in Vietnam
from 1971-1972. During these periods, he underwent extensive combat
related training to include deployments. He underwent weapons and tactics
training that included small arms training, erecting tents for bivowac
area, establishing perimeter security, crawling on the ground, running,
searching out and repelling enemy attacks under simulated war conditions
including bombings and rocket attacks while maintaining and performing
heavy construction tasks.
In support of his request, applicant provided a personal statement. His
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 10 January 1958. He was progressively
promoted to the grade of senior master sergeant, having assumed that grade
effective and with a date of rank of 1 June 1977. He served in the
Republic of Vietnam from 1 March 1971 through 8 December 1971. He
voluntarily retired from the Air Force on 31 July 1979, having served 21
years, 6 months and 21 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
His CRSC application was partially approved on 9 January 2004, for diabetes
mellitus and arteriosclerotic heart disease. His request for his spinal
disc conditions were disapproved because there was no evidence to confirm
these disabilities were the direct result of armed conflict, hazardous
service, instrumentality of war, or simulating war. His application was
reconsidered for his back conditions along with review of some new
conditions--neuralgia of the median and sciatic nerves--which are secondary
to his spinal disc conditions. This request was also disapproved on 17
October 2005.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises that based on the evidence
provided, no documentation exists to substantiate any injuries resulted
from the training described by the applicant and his service medical
record. The circumstances described by the applicant do not meet the
guidelines for being considered combat-related. Although military training
and many military duties can be strenuous, conditions developed through the
performance of normal service are not usually considered combat-related.
DPPD states for CRSC to be awarded, there must be evidence of a direct link
between the combat-related training and the injury itself.
The AFPC/DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he disagrees with the evaluation because his exercise
training and deployments fit the criteria outlined in the DD Form 2860. He
is the type of individual that always put his Air Force career, the mission
of the organization and the mission of the United States Air Force first
and did not seek medical attention for every ache and pain. He endured
pain and discomfort for mission accomplishment. The applicant's complete
response, with attachments, 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. 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
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 Docket Number BC-2006-00152
in Executive Session on 23 August 2006, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Richard A. Peterson, Member
Mr. Alan Blomgren, Member
The following documentary evidence pertaining to Docket Number BC-2006-
00152 was considered:
Exhibit A. DD Form 149, dated 15 Jan 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 10 Apr 06.
Exhibit D. Letter, SAF/MRBR, dated 21 Apr 06.
Exhibit E. Letter, Applicant, dated 1 May 06.
THOMAS S. MARKIEWICZ
Chair
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