RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02997
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 APR 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, spinal disc condition, asthma,
and impairment of the femur, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires CRSC for his service-connected medical conditions.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant with 20 years, 11 months, and 5 days on active duty served as a
Physician Assistant. On 31 August 1971, he was relieved from active duty
and retired from the Air Force on 1 June 1988 in the grade of technical
sergeant.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions from 18 August 1997.
His CRSC application was disapproved on 4 November 2003 based upon the fact
that his service-connected medical conditions were determined not to be
combat-related. He appealed the decision and the Board denied his requests
on 5 April and 27 July 2006.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant contends his back
and leg conditions were the result of a fall he experienced in 1970, and
that his asthma was the result of being exposed to a variety of gases and
herbicides during combat exercises.
Injuries from falls are not unique to military service or combat;
therefore, when evaluating injuries resulting from falls, the board must
look at the cause of the fall to determine if that cause was combat-
related. To be approved, there must be clear evidence that the fall was
the result of a combat-related factor, such as diving for cover during a
rocket attack or the concussion from a bomb blast knocking the veteran to
the ground. No such evidence can be found regarding the applicant’s
conditions. Additionally, there is no evidence that his asthma is related
to chemical exposure as claimed in his application.
The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that his military records
do not reflect multiple hospital stays. He was hospitalized on Whiteman
AFB for asthma/lung related problems prior to 1970. He was also
hospitalized on Eglin AFB for injuries sustained secondary to a jump
injury. The jump injury was witnessed by other airman while flying local
base rescue training missions. Further, his records do not mention the two
week hospital stay at Fitzsimmons Army Medical Center, Colorado in the
early 1980s.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
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-
02997 in Executive Session on 17 May 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 25 Sep 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 12 Feb 07.
Exhibit D. Letter, SAF/MRBR, dated 16 Feb 07.
Exhibit E. Letter, Applicant, dated 3 Mar 07.
THOMAS S. MARKIEWICZ
Chair
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