RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00488
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 Aug 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, intervertebral disc syndrome and
traumatic arthritis of the wrist, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was retired in 1972 after more than 20 years of service with a 20%
disability. A recent claim with the Department of Veterans Affairs (DVA)
resulted in a rating of 50%. He wants his Air Force and DVA records to
reflect the change and CRSC compensation.
In support of his request, the applicant provided documentation associated
with his CRSC application. His complete submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant underwent lumbar disc surgery in Apr 71 after suffering from
low back pain for several years, “no etiology known” and no cause or injury
identified. On 24 Feb 72, after serving 22 years, 8 months, and 9 days on
active duty, the applicant was medically retired due to his condition in
the grade of master sergeant.
Available DVA records reflect a combined compensable rating on 17 Feb 06 of
50% for his service-connected conditions of intervertebral disc syndrome
and traumatic arthritis of the wrist (occurred after his retirement).
His CRSC application was disapproved on 2 Nov 05 because his service-
connected medical condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and states that simply being in an armed conflict or
exercise environment, in a military vehicle, or performing hazardous
service does not automatically qualify an individual for CRSC. DPPD must
look at what caused the injury, the activities taking place at the time,
and the resulting disability. As such, many disabilities are ineligible
for compensation under this program per Department of Defense (DOD) Program
Guidance. The applicant’s conditions do not meet the mandatory criteria
for compensation under the CRSC program.
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 18 Jun
06 (Exhibit D) 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 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-2006-
00488 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 A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated (received 7 Feb 06), w/atchs.
Exhibit B. Applicant's DVA Rating & Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 31 May 06.
Exhibit D. Letter, SAF/MRBR, dated 16 Jun 06.
THOMAS S. MARKIEWICZ
Chair
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