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AF | BCMR | CY2007 | BC-2006-01730
Original file (BC-2006-01730.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01730
            INDEX CODE:  108.07

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 Dec 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, condition of  the  skeletal  system
(low back strain), be assessed as combat related in  order  to  qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  maintenance  he  was  required  to  perform  on  aircraft  was   combat
preparedness.  He injured himself when he  fell  off  the  icy  wing  of  an
aircraft while performing his duties.

In support of his request, applicant provided documentation associated  with
his CRSC application.  His complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 Jan 79, applicant retired from the Air Force  in  the  grade  of  chief
master sergeant, after serving 27 years and 8 months on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 30% for his service-connected conditions of  condition
of the skeletal system, dermatitis or eczema, and hand injury.

His CRSC application  was  partially  approved  on  27 May  05,  granting  a
noncompensable rating (zero percent) for impaired hearing.  No evidence  was
provided to confirm his other disabilities were the direct result  of  armed
conflict, hazardous service, instrumentality of war, or simulating war.   He
later appealed the decision which was denied on 24 Oct  05  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  notes  he  was  treated  for  back  pain  periodically
throughout his career beginning as early as 1958.  However, no mention of  a
fall  from  an  airplane  was  made  until  the  Compensation  and   Pension
Examination Report, dated 25 Jan 05, over 20 years after the  alleged  event
occurred. Medical documentation indicates his back condition began prior  to
the claimed incident.  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 formation of ice on the wing  of  an  airplane  is  not
considered combat-related.  To be approved, there  must  be  clear  evidence
that the fall was the result of a combat-related factor, such as diving  for
cover during a rocket attack or the concussion from a  bomb  blast  knocking
the veteran off the  wing.   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 18  Aug
06 (Exhibit D) 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 were 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
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 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 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  AFBCMR  Docket
Number BC-2006-01730 was considered:

    Exhibit A.  DD Form 149, dated 22 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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