RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00251
INDEX CODE: 108.07
XXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 JULY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, hypertension and right elbow
muscle injury be reevaluated under the Combat Related Special Compensation
(CRSC) program so he may qualify for compensation under the CRSC program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant provides no contentions.
In support of his request, applicant provides a copy of the CRSC decision.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 August 1988, after serving 21 years, 10 months and 19 days of total
active service, the applicant voluntarily retired from the Air Force in the
grade of lieutenant colonel.
On 11 January 2007, the applicant’s original request for CRSC for Tinnitus,
Impaired Hearing, Hypertension and Right Elbow Muscle Injury was partially
approved, awarding CRSC for Tinnitus and Impaired Hearing.
Available Department of Veterans Affairs (DVA) records reflect a 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 hypertension and right elbow muscle injury do not
meet the mandatory criteria for compensation under the CRSC program as
outlined under the provisions of 10 U.S.C., Chapter 71, Section 1413a. 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 27 April
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-2007-00251
in Executive Session on 23 July 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-2007-
00251 was considered:
Exhibit A. DD Form 149, dated 23 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 27 Apr 07.
THOMAS S. MARKIEWICZ
Chair
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