RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02048
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 JAN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, lumbosacral or cervical strain
and tinnitus, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The deciding authority did not give proper weight to his CRSC claim. His
back was injured while pulling and lifting cargo during a flying mission.
He attributes his tinnitus to noise exposure he experienced during his
career as an aircrew member.
In support of his request, the applicant provided documentation associated
with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 12
August 1980. He was progressively promoted to the grade of master
sergeant, having assumed that grade effective and with a date of rank of 1
September 1997. He served as a Loadmaster Instructor and an Aircraft
Armament Systems Craftsman. On 31 August 2004, he was relieved from active
duty and retired from the Air Force on 1 September 2004, having served
23 years 9 months, and 22 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 70% for his unfitting conditions.
His CRSC application was disapproved on 7 June 2006 based upon the fact
that his service-connected medical conditions were determined not to be
combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant believes his back
condition is directly related to performing aircrew duties. While there is
mention of back pain after flying (on 27 August 2002), the provider implied
that the injury related to the lifting and pulling the applicant did while
on the plane. 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. DPPD finds nothing to support approval under
current CRSC criteria.
In regard to his tinnitus, DPPD must have evidence that this condition,
which he attributes to noise exposure during his career as an aircrew
member, manifested while in service. As stated in the VA Rating Decision,
dated 21 March 2006, there was no record of treatment or diagnosis of
tinnitus in service. Without this in-service evidence, DPPD is unable to
award CRSC for this condition.
Additionally, no evidence was submitted to confirm his conditions were 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 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. 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-
02048 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 16 Jun 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Oct 06.
Exhibit D. Letter, SAF/MRBR, dated 27 Oct 06.
THOMAS S. MARKIEWICZ
Chair
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