RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01795
INDEX CODE: 108.07
XXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 8 DECEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, spinal disc condition (lumbar)
and spinal disc condition (cervical), be reevaluated and assessed as combat
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The decision rendered by the CRSC Board incorrectly interpreted and applied
the definition for “instrumentality of war” and “in the performance of duty
under conditions simulating war.” At the time of his injuries, he was
operating an All Terrain Vehicle (ATV) in support of Air Base Ground
Defense operations. He was operating the ATV in a simulated combat mode.
In support of his request, applicant provides a personal statement, a copy
of the CRSC decision and information from the CRSC website. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 November 1997, after serving 20 years and 10 days of total active
service, the applicant voluntarily retired from the Air Force in the grade
of senior master sergeant.
On 14 May 2007, the applicant’s request for CRSC for spinal disc condition
(lumbar) and spinal disc condition (cervical) was disapproved
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 10 April 1998, with a combined compensable rating of 30%
for his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD concedes that the applicant did injure
his back and neck riding an ATV; however, they found no evidence to
indicate the incident occurred while simulating war. His service medical
records do not state that he was riding an ATV during an ABGD course.
Furthermore, no line of duty determination, safety report or any other
documentation showing this injury occurred during an ABGD course was found.
Therefore, the ATV cannot be considered an instrumentality of war because
it is not a vehicle created solely for military purposes. DPPD advises if
the applicant can provide evidence this incident occurred during an ABGD
course, he may provide this documentation to the CRSC board. The 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 27
July 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
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 Docket Number BC-2007-01795
in Executive Session on 2 November 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-
01795 was considered:
Exhibit A. DD Form 149, dated 31 May 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 11 July 2007.
Exhibit D. Letter, SAF/MRBR, dated 27 July 2007.
THOMAS S. MARKIEWICZ
Chair
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