RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02905
INDEX CODE: 108.07
LUCIAN M. MOORE COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 SEPTEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, lumbosacral or cervical strain be
assessed as combat-related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His back was injured during an air drop in Vietnam in 1964. He states
medical records were kept in the Philippines and during that time limited
records were forwarded from Vietnam.
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 May 1974, the applicant retired from the Air Force in the grade of
master sergeant, after serving 20 years, 6 months and 5 days on active
duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 30% for his service-connected conditions.
His initial request for CRSC compensation was disapproved on 18 August 2004
because evidence was not provided to confirm his disability was the direct
result of armed conflict, hazardous service, instrumentality of war, or
simulating war.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and states the applicant claims his disability was incurred
as a direct result of a fall during an airdrop in Vietnam in which he was
assisting a loadmaster during an airdrop, when the pilot had to bank
sharply during heavy ground fire; he lost his footing, causing him to fall
on his back. There was no evidence provided to confirm the incident he
described. In order to a make a determination on his condition the CRSC
Board ordered his service medical record from the DVA; however, no evidence
was found to confirm this condition was combat-related. Furthermore, the
additional medical documentation provided with his application are medical
records dated after he retired, in which there is no new evidence to
confirm his condition was a result of the incident he describes. DPPD
states this condition does not meet the mandatory criteria for compensation
under the CRSC program.
The complete 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 27
July 2007 (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. The available evidence of record does not
support a finding that the service-connected medical condition the
applicant believes is combat-related was 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 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 2 November 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-
2006-02905 was considered:
Exhibit A. DD Form 149, dated 5 September 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 12 July 2007.
Exhibit D. Letter, SAF/MRBR, dated 27 July 2007.
THOMAS S. MARKIEWICZ
Chair
[pic]
Office of the Assistant Secretary
AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB MD 20762-7002
XXXXXXX
XXXXXXX
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Dear XXXXXXX
Reference your application submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR BC-2006-02905.
After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of error or injustice. Accordingly, the Board
denied your application.
You have the right to submit newly discovered relevant evidence for
consideration by the Board. In the absence of such additional evidence,
a further review of your application is not possible.
BY DIRECTION OF THE CHAIR
GREGORY E. JOHNSON
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
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