RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02391
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His medical record be corrected to show he incurred a hard
Parachute Landing Fall (PLF) on 2 Sep 77.
2. His Combat Related Special Compensation (CRSC) Act
application be reevaluated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Medical entries from 14 Sep 77 do not reference a PLF during his
parachute jump on 2 Sep 77. Without direct links to injuries
incurred during his parachute jumps, his application for
compensation under CRSC was denied.
In support of his request, applicant provides copies of his
Department Veterans Affairs (DVA) rating decisions, a copy of his
CRSC letter, individual jump record and excerpts of his medical
records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Jul 89, the applicant retired from the Air Force in the
grade of senior master sergeant, after serving 22 years, 9 months
and 8 days on active duty.
He initially applied for CRSC for his condition of the skeletal
system, traumatic arthritis (cervical spine), tinnitus, limited
motion of ankle, traumatic arthritis (lumbar spine) and limited
motion in dorsal spine. His claim was partially approved on
26 Aug 04, for condition of the skeletal system, traumatic
arthritis (cervical spine), tinnitus, and limited motion of
ankle. However, no evidence was provided to confirm his
traumatic arthritis (lumbar spine) and limited motion in dorsal
spine was the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war.
Available DVA records reflect a combined compensable rating of
80% for his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFMOA/SG3SA recommends denial. SG3SA states that in accordance
with AFR 168-4, Administration of Medical Activities, dated
18 Jan 87, "to correct medical record documentation without
creating suspicions of record tampering, use the following
procedures: If an error is identified near in time to the date
of the erroneous entry and the practitioner(s) involved has
present memory of the circumstances (general rule)" then the
corrective steps are taken. SG3SA states there is no
documentation to substantiate the claim and the provider can no
longer be contacted.
The complete AFMOA/SG3SA 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 12 Oct 07 for review and comment within 30 days. On 5 Nov 07,
the applicant requested his case be administratively closed.
On 30 Apr 08, the applicant requested the decision to deny him
entitlement to CRSC be reevaluated. The applicant stated that as
a parachute test jumper, he completed 563 test jumps. The
cumulative effect of these jumps also contributed to his DVA
ratings for his lumbosacral spine. Applicant believes that if
heavy lifting caused his lower back condition it would have most
likely occurred in flight and should qualify for CRSC. The
applicant's complete letter, 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the applicant's submission and the available
evidence of record, we do not believe the applicants request to
have his medical records be corrected to show he incurred a hard
PLF on 2 Sep 77 is warranted. The record does not reveal nor has
the applicant provided evidence to substantiate his claim.
Therefore, 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. Further, since we
find no basis to amend his medical records, we do not believe his
request for a reevaluation of his CRSC application warrants
favorable consideration. 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 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-
2008-02391 in Executive Session on 27 Jan 09, under the
provisions of AFI 36-2603:
The following documentary evidence pertaining to Docket Number
BC-2008-02391 was considered:
Exhibit A. DD Form 149, dated 17 Jul 07, w/atchs.
Exhibit B. Letter, AFMOA/SG3SA, dated 27 Sep 07.
Exhibit C. Letter, SAF/MRBR, dated 12 Oct 07.
Exhibit D. Letter, Applicant, dated 5 Nov 07.
Exhibit E. Letter, Applicant, dated 30 Apr 08, w/atchs.
Chair
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