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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