Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2006-01830
Original file (BC-2006-01830.doc) Auto-classification: Denied


                            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


Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-02767

    Original file (BC-2006-02767.doc) Auto-classification: Denied

    Applicant’s complete submission, with attachments, is at Exhibit A. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are 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. ...

  • AF | BCMR | CY2006 | BC-2006-00152

    Original file (BC-2006-00152.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00152 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 17 JULY 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, spinal disc conditions and neuralgia of median and sciatic nerves be reevaluated under the Combat Related Special Compensation (CRSC) program so...

  • AF | BCMR | CY2007 | BC-2006-01730

    Original file (BC-2006-01730.doc) Auto-classification: Denied

    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 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. After a thorough review of the available evidence of record, it is our opinion...

  • AF | BCMR | CY2006 | BC-2006-01088

    Original file (BC-2006-01088.doc) Auto-classification: Denied

    Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 20% for his unfitting conditions. DPPD states the applicant initially requested review of his service-connected disabilities of back strain, degenerative arthritis of the hands and knees, and bursitis of the shoulder. 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...

  • AF | BCMR | CY2007 | BC-2006-02048

    Original file (BC-2006-02048.doc) Auto-classification: Denied

    DPPD states the applicant believes his back condition is directly related to performing aircrew duties. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are 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...

  • AF | BCMR | CY2006 | BC-2004-02645

    Original file (BC-2004-02645.DOC) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred while manually lifting an aircraft canopy during simulated combat operations. His request was denied by the CRSC board, which opined that his injuries do not qualify for CRSC because injuries incurred as a result of lifting do not meet the criteria to qualify for CRSC compensation. The Board majority believes the applicant's service-connected conditions qualify for CRSC...

  • AF | BCMR | CY2006 | BC-2005-00472

    Original file (BC-2005-00472.DOC) Auto-classification: Denied

    His records do not show, while in service, a combat-related event or events that were the direct cause of his disabilities. The disability occurred while serving as a combat navigator on AC-119 Gunships while in Vietnam. 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...

  • AF | BCMR | CY2007 | BC-2006-01728

    Original file (BC-2006-01728.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY2007 | BC-2006-03955

    Original file (BC-2006-03955.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03955 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 30 JUNE 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Lumbosacral or Cervical Strain be reevaluated under the Combat Related Special Compensation (CRSC) program so he may qualify for compensation...

  • AF | BCMR | CY2007 | BC-2006-02100

    Original file (BC-2006-02100.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02100 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 16 JANUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, Varicose Veins be reevaluated under the Combat Related Special Compensation (CRSC) program so he may qualify for compensation under the CRSC...