RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01250
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 SEP 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, limited motion of the arm, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been denied twice for CRSC. He sustained an injury at Fort Dix New
Jersey while simulating combat which should qualify him for the CRSC in
accordance with DD Form 2860 – Application for CRSC.
In support of his request, the applicant provided a personal statement and
documentation associated with his CRSC application.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 3
October 1983. He was progressively promoted to the grade of technical
sergeant, having assumed that grade effective and with a date of rank of 1
August 2001. He served as a Security Forces Craftsman. On 31 October
2003, he was relieved from active duty and retired from the Air Force on 1
November 2003, having served 20 years and 28 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his unfitting conditions.
His CRSC application was disapproved on 29 March 2005 based upon the fact
that his service-connected medical condition was determined not to be
combat-related. He appealed the Board’s decision, which was also
disapproved on 3 May 2005. On 22 June 2006, his CRSC application was
approved for tinnitus rated at 10% and impaired hearing rated at 0%. It
was determined there was no evidence to confirm his limited motion of the
arm was combat- related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states in regard to the applicant’s
contention regarding limited motion of the arm – his records reflect he was
treated for shoulder pain; however, the medical provider noted “no known
cause or overuse” and “no previous injury to shoulder or neck.”
Additionally, being in an exercise environment or armed conflict, being in
a military vehicle, or performing hazardous service (flight crew, EOD, para-
rescue, etc.) does not automatically qualify an individual for CRSC.
The DPPD complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14
July 2006 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.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or injustice; the application was denied without
a personal appearance; and 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-
01250 in Executive Session on 23 August 2006, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Richard A. Peterson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 23 Jun 06, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 14 Jul 06.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2006 | BC-2006-02767
Applicant’s complete submission, with attachments, is at Exhibit A. 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. ...
AF | BCMR | CY2005 | BC-2004-02817
His CRSC application was disapproved on 29 Dec 03 based upon the fact that his service-connected medical conditions were determined not to be combat- related. 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 Dec 04 for review and comment within 30 days. _________________________________________________________________ The...
AF | BCMR | CY2007 | BC-2006-02917
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02917 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 27 MAR 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, impaired hearing, loss of motion- ring or little finger, and right knee, be assessed as combat related in order to qualify for compensation under...
AF | BCMR | CY2007 | BC-2006-01010
DPPD states that while it is evident the applicant received significant treatment throughout his career for the injuries directly relating and secondary to the fall from the ladder, the evidence does not clearly support his contention that the fall was due to a combat related factor. SF 600, Health Record – Chronological Record of Medical Care, dated 27 December 2000, showed complaints of right hip pain. _________________________________________________________________ THE BOARD DETERMINES...
AF | BCMR | CY2007 | BC-2006-01726
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01726 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 10 DECEMBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Bone Condition (Left Shoulder and Cervical Spine), be reevaluated under the Combat Related Special Compensation (CRSC) Act in order to qualify...
AF | BCMR | CY2005 | BC-2004-02061
His CRSC application was disapproved on 22 Mar 04 based upon the fact that evidence provided did not show his service-connected medical conditions were combat-related. 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 30 Jul 04 for review and comment within 30 days. We agree with the opinion and recommendation of the Air Force...
AF | BCMR | CY2006 | BC-2006-01088
Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 20% for his unfitting conditions. DPPD states the applicant initially requested review of his service-connected disabilities of back strain, degenerative arthritis of the hands and knees, and bursitis of the shoulder. 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...
AF | BCMR | CY2005 | BC-2004-03562
In support of his request, applicant provided a personal statement and documentation associated with his CRSC application. DPPD states a review of his service and DVA medical records show his shoulder condition, limited motion in cervical spine and back condition are not combat related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...
AF | BCMR | CY2006 | BC-2005-00659
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00659 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 Aug 06 _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Additionally, injuries from falling are not eligible for compensation under CRSC guidance unless evidence clearly shows some combat related event caused the fall. The DPPD evaluation is...
AF | BCMR | CY2006 | BC-2005-03600
He served 36 years, 11 months, and 3 days on active duty Available DVA records reflect a combined compensable rating of 70% for his unfitting conditions. 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...