RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01830
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 DEC 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, degenerative joint disease of the
lumbar spine, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his tour in Vietnam, November 1968 through December 1969, not only
was he exposed on a daily basis to Agent Orange, he was also bombarded by
the Viet Cong with 122mm rockets. These facts were reported to the
Department of Veterans Affairs (DVA), but nowhere in his records, is it
noted. During the bombardment he was running to a bunker and tripped over
something and fell on his back. He states he did not look for a medic, as
he was concerned for his survival.
In support of his request, the applicant provided a personal statement and
documentation associated with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is 3
July 1950. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 June 1970.
He served as a First Sergeant and a Site Development Superintendent. On
31 July 1976, he was relieved from active duty and retired from the Air
Force on 1 August 1976, having served 26 years and 28 days on active duty.
Available DVA records reflect a combined compensable rating of 30% for his
unfitting conditions.
His CRSC application was disapproved on 27 March 2006 based upon the fact
that his service-connected medical condition was determined not to be
combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states in regard to the applicant’s
contention regarding his back injury – his records reflect he experienced
intermittent low back pain of long duration; however, the medical provider
noted “no origin.” There is no evidence to support his claim that his back
condition is related to injuries suffered in Vietnam during a rocket
attack.
No evidence was submitted to confirm his condition was the direct result of
armed conflict, hazardous service, instrumentality of war, or simulating
war.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 October 2006, the evaluation was forwarded to the applicant for
review and comment within 30 days (Exhibit D). 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 an 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
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 an error or injustice; the application was denied without
a personal appearance; and 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-2006-
01830 in Executive Session on 16 January 2007, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jun 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 20 Oct 06.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 06.
THOMAS S. MARKIEWICZ
Chair
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