RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03136
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 15 APRIL 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, Lumbar Strain with Degenerative
Disc Disease and Degenerative Disc Disease (Cervical), be assessed as
combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant provides no contentions.
In support of his request, applicant provides a copy of his DD Form 2697,
Report of Medical Assessment. His complete submission, with attachment, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 February 1998, the applicant retired from the Air Force in the grade
of major, after serving 22 years, 2 months, and 17 days on active duty.
On 21 February 2006, the applicant’s original request for CRSC for his
Lumbar Strain with Degenerative Disc Disease and Degenerative Disc Disease
(Cervical) was disapproved. He appealed the decision, which was
disapproved on 22 September 2006.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 1 September 1999, combined compensable rating of 30% for
his unfitting conditions.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises that the applicant’s service-
connected disabilities of Lumbar Strain with Degenerative Disc Disease and
Degenerative Disc Disease (Cervical) do not meet the mandatory criteria for
compensation under the CRSC program.
The DPPD complete 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 12
January 2007 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, 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
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-2006-03136
in Executive Session on 17 May 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 Docket Number BC-2006-
03136 was considered:
Exhibit A. DD Form 149, dated 4 Oct 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 5 Jan 07.
Exhibit D. Letter, SAF/MRBR, dated 12 Jan 07.
THOMAS S. MARKIEWICZ
Chair
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