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 for compensation under the CRSC
Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In March 1945, he bailed out of his C-53 Transport plane and sustained a
shoulder injury. His shoulder injury only required him to wear a sling.
When he was discharged in September 1945, he was granted a war connected
10% disability due to his shoulder injury.
In support of his request, applicant provides a personal statement, a
supporting statement from fellow crew member and a copy of his CRSC
application with associated documents. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 May 1966, the applicant retired from the Air Force in the grade of
lieutenant colonel, after serving 21 years, 4 months, and 26 days on active
duty.
On 12 September 2005, the applicant’s original request for CRSC for his
bone condition was disapproved.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 15 November 1966, compensable rating of 10% for his
unfitting condition.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises that although the fellow crew
member’s statement validates the fact that the bailout occurred,
unfortunately, this evidence does not confirm that the applicant was
injured at that time or that his disability was associated with that event.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 22
September 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
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 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 Docket Number BC-2006-00175
in Executive Session on 16 January 2007, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to Docket Number BC-2006-
01726 was considered:
Exhibit A. DD Form 149, dated 10 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 15 Sep 06.
Exhibit D. Letter, SAF/MRBR, dated 22 Sep 06.
THOMAS S. MARKIEWICZ
Chair
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