RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01376
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 NOV 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, impairment of sphincter control,
be assessed as combat related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical condition is a result from his performance of duty under
conditions simulating war.
In support of his request, the applicant provided a personal statement and
documentation associated with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant having served 28 years, 4 months, and 20 days on active duty
retired from the Air Force on 1 July 1975 in the grade of colonel.
Available DVA records reflect a combined compensable rating of 80% for his
unfitting conditions.
His CRSC application was disapproved on 19 February 2004 based upon the
fact that his service-connected medical condition was determined not to be
combat-related. He appealed the decision and on 10 May 2004 his appeal was
denied.
On 28 June 2007, applicant’s CRSC application was partially approved for
impaired hearing.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states although aircrew duties can be
strenuous, conditions developed through the performance of normal service
are not usually considered combat-related. When considering chronic
conditions it may be difficult to determine that armed conflict, hazardous
service, instrumentality of war, or simulating war was the definitive
cause. To be eligible for compensation, clear documentation must be
provided to indicate an injury occurred and was caused by a combat related
factor (such as ejection from an aircraft) rather than from routine causes
or the veteran’s particular physical make-up. While the applicant’s
condition meets the VA requirements for service-connected compensation, the
evidence does not support additional compensation under CRSC. This
condition does 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:
Applicant reviewed the evaluation and states his disability may seem mild;
however, it is not without its unannounced embarrassing moments. They
occur frequently enough to keep him concerned or anxious, especially when
he is anywhere other than at home. He believes he is deserving of the
CRSC. He has suffered and continues to suffer from a condition that was
brought on while practicing a war maneuver.
Applicant’s complete response, with attachments, 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. The available evidence of record does not
support a finding that the service-connected medical condition the
applicant believes is combat-related was 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
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 an error or injustice; the application was denied without
a personal appearance; and 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 AFBCMR Docket Number BC-2007-
01376 in Executive Session on 2 November 2007, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 April 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 28 June 2007.
Exhibit D. Letter, SAF/MRBR, dated 13 July 2007.
Exhibit E. Letter, Applicant, dated 16 July 2007, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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