RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01728
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 DECEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, Intervertebral Disc Syndrome, be
reevaluated as combat related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His condition was the result of his duties as an aeromedical evacuation
technician on continuous flight duties and simulated war exercises.
In support of his request, applicant provided a personal statement and
documentation associated with his CRSC application. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 September 1992, applicant retired from the Air Force in the grade of
master sergeant, after serving 24 years and 1 day on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 10% for his service-connected condition of
Intervertebral Disc Syndrome.
His CRSC application was partially approved on 19 April 2006, granting a
noncompensable rating (zero percent) for impaired hearing. No evidence was
provided to confirm his other disability was the direct result of armed
conflict, hazardous service, instrumentality of war, or simulating war. He
later appealed the decision which was denied on 8 May 2006 because he did
not provide any additional evidence to confirm his service-connected
medical conditions were combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and advises that clear documentation must be provided which
links the condition to a combat-related factor rather than to the
individual’s physical make-up or some other routine cause. Additionally,
injuries from lifting are not unique to military service or combat
situations; therefore, to qualify for CRSC, some combat-related event must
have occurred during the act of lifting that caused or aggravated the
injury. The condition does not meet the mandatory criteria for
compensation under the CRSC program. 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 8
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, 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
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-2006-01728
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-
01728 was considered:
Exhibit A. DD Form 149, dated 16 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPD, dated 29 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 06.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2009 | BC-2008-01224
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01224 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO ______________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition of intervertebral disc syndrome be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. His medical records reflect he...
AF | BCMR | CY2009 | BC-2008-01938
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-01938 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES ______________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, invertebral disc syndrome be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. His medical records reflect he hurt...
AF | BCMR | CY2006 | BC-2006-00488
He wants his Air Force and DVA records to reflect the change and CRSC compensation. 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 Jun 06 (Exhibit D) for review and comment within 30 days. We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis...
AF | BCMR | CY2008 | BC-2008-00430
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00430 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Intervertebral Disc Syndrome, be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In support of his request, the...
AF | BCMR | CY2009 | BC-2008-03916
His DVA award was 50 percent, his CRSC award was 40 percent with Special Monthly Compensation. In this respect, it appears that while the DVA increased his combined service-connected disability rating to 50 percent, the particular disability that has been determined combat-related remains rated at 40 percent. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of...
AF | BCMR | CY2007 | BC-2007-00131
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00131 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 22 JUL 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, degenerative arthritis of the spine, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...
AF | BCMR | CY2007 | BC-2004-02705
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02705 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 21 FEBRUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Intervertebral Disc Syndrome, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...
AF | BCMR | CY2006 | BC-2005-01611
Her AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, dated 1 Oct 04, be changed in item 10d, Disability was the Direct Result of a Combat Related Injury, to reflect "Yes." Instrumentality of war is defined as "a vehicle, vessel, or device designed primarily for military Service and intended for use in such Service at the time of the occurrence of the injury. Further, it is our opinion that the service-connected medical condition the applicant believes is...
AF | BCMR | CY2005 | BC-2004-02461
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02461 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, intervertegral disc syndrome, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC)...
AF | BCMR | CY2004 | BC-2003-02466
In support of his request applicant provided documents extracted from his medical records. There is no evidence of duty related back injury in the remaining medical documentation. _________________________________________________________________ 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...