ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00229
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests reconsideration
of his application for combat related compensation under the Combat Related
Special Compensation (CRSC) Act.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was released from active duty on 30 November 1992, and
retired for satisfactory years of service on 1 December 1992 under the
provision of AFM 35-7, Title 10 United States Code (USC). Military
personnel records reflect he completed 20 years and 3 months on active
duty.
On 7 January 2004, the applicant submitted an application requesting his
service-connected medical conditions, spinal disc condition and back
strain, be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act. On 6 April 2005,
the Board considered and denied the applicant’s request. A complete copy
of the Record of Proceedings is at Exhibit E.
On 11 October 2005, the applicant submitted a letter appealing the Board’s
decision with additional documentation. On 21 October 2005, the Board
reconsidered the application and found that it did not meet the criteria
for reconsideration (Exhibit F).
The applicant submitted a letter dated 13 September 2006, again requesting
combat related compensation under the Combat Related Special Compensation
(CRSC) Act. In support of his request, he provided a letter from a
physician stating that he (the physician) believes that his back problems
certainly may have originated from the work he did while in the military.
His complete submission, with attachment, is at Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. After thoroughly reviewing the
available evidence of record and the additional documentation provided by
applicant, we remain unpersuaded that his service-connected medical
conditions, i.e., Spinal Disc Condition and Back Strain, are combat-
related. The statement from the applicant’s civilian physician is noted;
however, it does not substantiate that these conditions were 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. 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 probable 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 this application in Executive
Session on 9 February 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 13 May 05,
w/exhibits.
Exhibit F. Letter, AFBCMR, dated 21 Oct 05, w/atchs.
Exhibit G. Applicant’s Letter, dated 13 Sep 06, w/atch.
THOMAS S. MARKIEWICZ
Chair
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