RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00264
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 AUGUST 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected disabilities Of Paralysis of the left and right Ulnar
Nervers (Carpal Tunnel Syndrome) be re-evaluated under the Combat Related
Special Compensation (CRSC) Program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After 20 years as a flight line technician, subject to war simulations and
years of deployments, he believes he qualifies for the CRSC. The
Department of Veterans Affairs (DVA) rated his disability at 50 percent.
In support of his request, applicant provided a copy of his previous CRSC
application.
The complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 May 1996, applicant retired from the Air Force in the grade of master
sergeant, after serving 20 years and 26 days on active duty.
Available Department of Veterans Affairs (DVA) records reflects a combined
compensable rating of 50% for his service-connected conditions of Paralysis
of the left and right Ulnar Nervers.
His CRSC application was disapproved on 15 Dec 04 because his service-
connected medical condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and notes while the applicant's condition was service-
connected by the DVA, CRSC criteria require documentation to support a
qualifying combat-related event or events as the direct cause of
disability. Simply being in an armed conflict or exercise environment, in
a military vehicle, or performing hazardous service does not automatically
qualify an individual for CRSC. The applicant’s conditions do not meet the
mandatory criteria for compensation under the CRSC program. Without
evidence of a combat-related cause, DPPD is unable to award this
compensation.
The 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 23 Mar
07 for review and comment within 30 days. As of this date, this office has
received no response. (Exhibit D).
_________________________________________________________________
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
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 23 July 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-
2007-00264 was considered:
Exhibit A. DD Form 149, dated 26 Jan 07, w/atch.
Exhibit B. Letter, HQ AFPC/DPPD, dated 16 Mar 07.
Exhibit C. Letter, SAF/MRBR, dated 23 Mar 07.
THOMAS S. MARKIEWICZ
Chair
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