RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02313
INDEX CODE: 108.07
COUNSEL: DVA
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 FEBRUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, Spinal Disc Condition and
Prostate Gland Condition, be assessed as combat related in order to qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was medically retired for spinal injuries that were incurred as a flight
officer. His B-52 was always ready for war. He was always on alert and
frequently required to scramble. His spinal disc condition was the result
of a slip on the ice while he responded to an alert and scrambled to get to
his aircraft. All of his “alerts” were assimilated combat exercises.
In support of his request, applicant provides a copy of his CRSC
application with associated documents. His complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 October 1963, after serving 20 years, 5 months, and 22 days of total
active service, the applicant was medically retired due to his condition in
the grade of major.
On 2 March 2006, the applicant’s original request for CRSC for his Spinal
Disc Condition and Prostate Gland Condition was disapproved.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 29 February 2004, compensable rating of 70% for his
unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises there is no evidence to support
the applicant’s claim that his back condition was due to a slip while
responding to an alert scramble. Additionally, the events themselves are
not considered combat-related. When considering chronic conditions such as
Prostatitis under the CRSC guidelines, DPPD advises, it is often difficult
to determine the definitive cause. To approve CRSC, clear documentation
must be provided which links the condition to a combat-related factor
rather than to the individual’s physical make-up or some other routine
cause. The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 17 November
2006 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
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, 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
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 Docket Number BC-2006-02313
in Executive Session on 17 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 was considered:
Exhibit A. DD Form 149, dated 27 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 7 Nov 06.
Exhibit D. Letter, SAF/MRBR, dated 17 Nov 06.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2005 | BC-2004-02052
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02052 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 2 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, spinal disc condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2005 | BC-2004-02038
His CRSC application was disapproved on 21 Apr 04 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 a review of his service and DVA medical records show his anxiety disorder and spinal disc condition are not combat related.
AF | BCMR | CY2006 | BC-2004-03786
In support of his request, applicant provided a personal statement and documentation associated with his CRSC 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...
AF | BCMR | CY2006 | BC-2006-00152
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 | CY2005 | BC-2004-00920
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00920 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, prostate gland condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In support of his request, applicant...
AF | BCMR | CY2006 | BC-2005-00169
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00169 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 15 Jul 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, abdominal aortic aneurysm, hypertension, spinal disc condition, and bilateral knee conditions, be assessed as combat related in order to qualify for...
AF | BCMR | CY2005 | BC-2004-03170
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03170 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 16 APR 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, spinal disc condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...
AF | BCMR | CY2005 | BC-2004-02245
His CRSC application was disapproved on 19 Apr 04 based upon the fact that his service-connected medical condition was determined not to be combat- related. DPPD states a review of his service and DVA medical records show his knee prosthesis, duodenal ulcer, prostate gland condition, and bursitis are not combat related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2005 | BC-2005-00302
His CRSC application was disapproved on 23 Feb 04 based upon the fact that his service-connected medical conditions were determined not to be combat- related. DPPD states a review of his service and DVA medical records show his spinal disc condition is not combat related. 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.
AF | BCMR | CY2005 | BC-2005-00025
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00025 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 7 Jul 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, spinal disc condition, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...