RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00837
INDEX CODE: 108.07
XXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 SEPTEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, intervertebral disc condition,
hiatal hernia, tinnitus and impaired hearing be reevaluated under the
Combat Related Special Compensation (CRSC) program so he may qualify for
compensation under the CRSC program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his service in Korea and Vietnam, his job was to run heavy
equipment, pour concrete and build runways and bunkers. His unit was
attacked while retrieving equipment from the docks and was hit with
mortars.
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:
Applicant entered active duty on 12 September 1951. He was progressively
promoted to the grade of master sergeant, having assumed that grade
effective and with a date of rank of 1 February 1969. Records reflect he
served in Korea from 27 April 1953 to 27 April 1954.and in the Republic of
Vietnam from 10 May 1965 through 24 April 1966. He voluntarily retired
from the Air Force on 30 June 1972, having served 20 years, 9 months and 19
days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
His CRSC application was disapproved on 22 October 2003, for intervertebral
disc condition, hiatal hernia, tinnitus and impaired hearing because there
was no evidence to confirm these disabilities were the result of a combat-
related event or injury. The applicant appealed this decision twice, but
his requests were disapproved.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises that the circumstances described
by the applicant 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 AFPC/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 4 May
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-2007-00837
in Executive Session on 23 July 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Richard A. Peterson, Member
Mr. Alan Blomgren, Member
The following documentary evidence pertaining to Docket Number BC-2007-
00837 was considered:
Exhibit A. DD Form 149, dated 9 Mar 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 25 Apr 07.
Exhibit D. Letter, SAF/MRBR, dated 4 May 07.
THOMAS S. MARKIEWICZ
Chair
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