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AF | BCMR | CY2007 | BC-2007-02391
Original file (BC-2007-02391.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2007-02391 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His medical record be corrected to show he incurred a hard 
Parachute Landing Fall (PLF) on 2 Sep 77. 

 

2. His Combat Related Special Compensation (CRSC) Act 
application be reevaluated. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Medical entries from 14 Sep 77 do not reference a PLF during his 
parachute jump on 2 Sep 77. Without direct links to injuries 
incurred during his parachute jumps, his application for 
compensation under CRSC was denied. 

 

In support of his request, applicant provides copies of his 
Department Veterans Affairs (DVA) rating decisions, a copy of his 
CRSC letter, individual jump record and excerpts of his medical 
records. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 Jul 89, the applicant retired from the Air Force in the 
grade of senior master sergeant, after serving 22 years, 9 months 
and 8 days on active duty. 

 

He initially applied for CRSC for his condition of the skeletal 
system, traumatic arthritis (cervical spine), tinnitus, limited 
motion of ankle, traumatic arthritis (lumbar spine) and limited 
motion in dorsal spine. His claim was partially approved on 
26 Aug 04, for condition of the skeletal system, traumatic 
arthritis (cervical spine), tinnitus, and limited motion of 
ankle. However, no evidence was provided to confirm his 


traumatic arthritis (lumbar spine) and limited motion in dorsal 
spine was the direct result of armed conflict, hazardous service, 
instrumentality of war, or simulating war. 

 


Available DVA records reflect a combined compensable rating of 
80% for his unfitting conditions. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFMOA/SG3SA recommends denial. SG3SA states that in accordance 
with AFR 168-4, Administration of Medical Activities, dated 
18 Jan 87, "to correct medical record documentation without 
creating suspicions of record tampering, use the following 
procedures: If an error is identified near in time to the date 
of the erroneous entry and the practitioner(s) involved has 
present memory of the circumstances (general rule)" then the 
corrective steps are taken. SG3SA states there is no 
documentation to substantiate the claim and the provider can no 
longer be contacted. 

 

The complete AFMOA/SG3SA 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 12 Oct 07 for review and comment within 30 days. On 5 Nov 07, 
the applicant requested his case be administratively closed. 

 

On 30 Apr 08, the applicant requested the decision to deny him 
entitlement to CRSC be reevaluated. The applicant stated that as 
a parachute test jumper, he completed 563 test jumps. The 
cumulative effect of these jumps also contributed to his DVA 
ratings for his lumbosacral spine. Applicant believes that if 
heavy lifting caused his lower back condition it would have most 
likely occurred in flight and should qualify for CRSC. The 
applicant's complete letter, 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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After a 


thorough review of the applicant's submission and the available 
evidence of record, we do not believe the applicant’s request to 
have his medical records be corrected to show he incurred a hard 
PLF on 2 Sep 77 is warranted. The record does not reveal nor has 
the applicant provided evidence to substantiate his claim. 
Therefore, 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. Further, since we 
find no basis to amend his medical records, we do not believe his 
request for a reevaluation of his CRSC application warrants 
favorable consideration. 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 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-
2008-02391 in Executive Session on 27 Jan 09, under the 
provisions of AFI 36-2603: 

 

 

 

The following documentary evidence pertaining to Docket Number 
BC-2008-02391 was considered: 

 

 Exhibit A. DD Form 149, dated 17 Jul 07, w/atchs. 

 Exhibit B. Letter, AFMOA/SG3SA, dated 27 Sep 07. 

 Exhibit C. Letter, SAF/MRBR, dated 12 Oct 07. 

 Exhibit D. Letter, Applicant, dated 5 Nov 07. 

 Exhibit E. Letter, Applicant, dated 30 Apr 08, w/atchs. 

 

 

 

 

 

 Chair 



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