RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02767
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 MAR 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, degenerative arthritis of the
lumbar spine, degenerative arthritis of the cervical spine, and
degenerative arthritis of the left shoulder, be assessed as combat related
in order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He suffered unknown internal injuries to his back and left shoulder while
serving as a Forward Air Controller in Vietnam.
In support of his request, the applicant provided a personal statement and
documentation associated with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is 6
March 1964. He was progressively promoted to the grade of senior master
sergeant, having assumed that grade effective and with a date of rank of 1
October 1983. He served as a Ground Radio Operations Superintendent and a
Recruiter. He was relieved from active duty on 30 September 1985 and
retired from the Air Force on 1 October 1985, having served 21 years,
6 months, and 25 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 70% for his unfitting conditions.
His CRSC application was disapproved on 10 December 2003 based upon the
fact that his service-connected medical conditions were determined not to
be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states in the applicant’s appeal to the
CRSC Board, dated 2 August 2006, he stated “…I was involved in a jeep
accident near Nha Be, Rung Sat Special zone, Vietnam, during the late
summer of 1965. I was facing and thrown from the rear of the jeep
traveling approximately 35 to 40 MPH when the jeep hydroplaned, fish tailed
ejecting me to the ground landing on my left shoulder and back…”
To be eligible for compensation, the circumstances surrounding the accident
must be considered combat related. Accidents caused by weather conditions,
such as icy or wet roads, are not considered combat-related, even if the
accident occurred in a combat zone. To be eligible, there must have been
some combat-related factor that occurred at the time of the accident which
caused the injury, such as swerving on a wet road to avoid an incoming
rocket attack.
Being in an armed conflict or exercise environment, being in a military
vehicle, or performing hazardous service (flight crew, EOD, pararescue,
etc.) does not automatically qualify an individual for CRSC.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states he was not involved in a
simulation of war, or a sporting activity, but involved in a real hazardous
war situation.
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 an 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 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-
02767 in Executive Session on 16 January 2007, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 31 Oct 06.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 06.
Exhibit E. Letter, Applicant, dated 17 Nov 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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