ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00986
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 Aug 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
The service-connected medical condition, spinal disc condition, be assessed
as combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
STATEMENT OF FACTS:
On 23 May 05, the Board considered and by a majority vote, recommended
denial of a similar appeal. The Secretary's designee accepted the
recommendation of the Board majority and denied the request. For an
accounting of the facts and circumstances surrounding the appeal and the
rationale of the earlier decision, see the Record of Proceedings at Exhibit
G. In this most recent submission, applicant contends that due to combat
fatigue his back was injured after falling while exiting a combat aircraft.
In support of the request, applicant provided a personal statement and
literature discussing the effects of combat fatigue. The complete
submission, with attachments, is at Exhibit H.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record and the additional evidence
provided by the applicant, it remains our opinion that the service-
connected medical condition the applicant believes is combat-related does
not meet the strict requirements to qualify for compensation under the CRSC
Act. Applicant contends his back condition qualifies for CRSC as
incidental to a fall from a military aircraft. Applicant further contends
that combat fatigue after a 10-hour mission contributed to the fall.
However, under the qualifying criteria, CRSC approval must be based upon a
definite, documented causal relationship between the combat-related factor
and the resulting disability. Notwithstanding the applicant's assertions,
a thorough review of the available military records does not show any
corroborative evidence which would support a combat-related determination.
In view of the above, we find no basis upon which to reverse the previous
determination.
_________________________________________________________________
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-2004-
00986 in Executive Session on 6 Apr 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit G. Record of Proceedings, dated 23 May 05, w/Exhibits.
Exhibit H. Letter, Applicant, dated 12 Dec 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2006 | BC-2004-00986
For an accounting of the facts and circumstances surrounding the appeal and the rationale of the earlier decision, see the Record of Proceedings at Exhibit G. In this most recent submission, applicant contends that due to combat fatigue his back was injured after falling while exiting a combat aircraft. The complete submission, with attachments, is at Exhibit H. _________________________________________________________________ THE BOARD CONCLUDES THAT: After again reviewing the evidence of...
AF | BCMR | CY2005 | BC-2004-00986
DPPD states a review of his service and DVA medical records shows his spinal disc condition is not combat related. The Board majority agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient...
AF | BCMR | CY2006 | BC-2005-02382
After boarding an aircraft he grabbed the hand of another individual to assist him in boarding the aircraft. 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 14 Oct 05 for review and comment within 30 days. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified...
AF | BCMR | CY2006 | BC-2004-02645
_________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred while manually lifting an aircraft canopy during simulated combat operations. His request was denied by the CRSC board, which opined that his injuries do not qualify for CRSC because injuries incurred as a result of lifting do not meet the criteria to qualify for CRSC compensation. The Board majority believes the applicant's service-connected conditions qualify for CRSC...
AF | BCMR | CY2006 | BC-2005-03608
The bottom-line is whether or not falling off the rung of an aircraft ladder, due to a mis-step, is considered 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 13 Jan 06 for review and comment within 30 days. We agree with the opinion and recommendation of the Air Force office of primary responsibility and...
AF | BCMR | CY2007 | BC-2006-01730
When evaluating injuries resulting from falls, the Board must look at the cause of the fall to determine if that cause was 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 18 Aug 06 (Exhibit D) for review and comment within 30 days. After a thorough review of the available evidence of record, it is our opinion...
AF | BCMR | CY2005 | BC-2005-00285
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00285 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 Jul 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, shoulder condition, conditions of the skeletal system, and back strain, be assessed as combat related in order to qualify for compensation under the...
AF | BCMR | CY2005 | BC-2004-02060
_________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred when he fell off a ladder entering a B-29 aircraft. DPPD states a review of his service and DVA medical records show his degenerative arthritis and limited motion of arm are not combat related. 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...
AF | BCMR | CY2005 | BC-2005-00302
His CRSC application was disapproved on 23 Feb 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD states a review of his service and DVA medical records show his spinal disc condition is not combat related. 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.
AF | BCMR | CY2006 | BC-2004-02282
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02282 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis and condition of the skeletal system, be assessed as combat related in order to qualify for compensation under the Combat...