RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03955
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 JUNE 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, Lumbosacral or Cervical Strain be
reevaluated under the Combat Related Special Compensation (CRSC) program so
he may qualify for compensation under the CRSC program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During an alert exercise he fell and hurt his back.
In support of his request, applicant provides a copy of the CRSC decision
and VA rating. His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 March 1975, after serving 20 years and 27 days of total active
service, the applicant voluntarily retired from the Air Force in the grade
of master sergeant.
On 11 April 2006, the applicant’s original request for CRSC for Impaired
Hearing and Lumbosacral or Cervical Strain was partially approved, awarding
CRSC for Impaired Hearing. Applicant subsequently appealed for his
Lumbosacral or Cervical Strain; however, this request was disapproved on 9
May 2006.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 25 November 2006, with a combined compensable rating of 50%
for his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises when evaluating injuries
resulting from falls, the board must look at the cause of the fall to
determine if that cause was combat-related. The formation of ice and snow
on the ground is not considered combat-related. There is no documentation
that the disability, Lumbosacral or Cervical Strain, was the result of
armed conflict, hazardous service, simulating war, or due to an
instrumentality of war. The DPPD complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he disagrees with the evaluation rendered and is
appealing the decision. The 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 error or injustice. After a thorough review of the available
evidence of record, it is our opinion that the service-connected medical
condition the applicant believes is combat-related was 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-2006-03955
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 Blomgren, Member
The following documentary evidence pertaining to Docket Number BC-2006-
03955 was considered:
Exhibit A. DD Form 149, dated 11 Dec 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 10 Feb 07.
Exhibit D. Letter, SAF/MRBR, dated 16 Feb 07.
Exhibit E. Letter, Applicant, dated 21 Feb 07.
THOMAS S. MARKIEWICZ
Chair
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