RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01374
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected disability for back problem be assessed as combat-
related in order to qualify for compensation under the Combat Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His upper left shoulder and neck injury were caused by a sudden violent
maneuver in an F-89 to avoid a collision during training of radar intercept
officers. He was assigned to the Air Force Institute for Technology (AFIT)
at Texas A & M University, College Station, Texas but was attached to James
Connally AFB, Waco Texas located 110 miles from College Station. Besides
his annual physicals for eye examinations, his records for the two and a
half year period only has one entry. It was impractical to drive to Waco
for treatment. Considering flying was not his primary duty while at Texas
A & M, he did not schedule himself to fly if his physical condition was not
satisfactory. He believes the circumstances of his special assignment
should be considered. His medical record never mentioned back problems
before this incident and he has numerous entries after this which lends
support to the facts as he has described them.
In support of his request, applicant provided documentation associated with
his CRSC application.
The complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 November 1984, the applicant retired from the Air Force in the grade
of colonel, after serving 28 years, 10 months and 26 days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 20% for his service-connected conditions.
He initially applied for CRSC for impaired hearing and inflammation of
lower radicular nerves. On 5 December 2006 both were disapproved, his
impaired hearing as insufficient and the inflammation of lower radicular
nerves as non-combat related. No evidence was provided to confirm these
disabilities were the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD provides a review of the applicant’s
medical records and 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,
such as inflammation of the lower radicular nerves, under the CRSC
guidelines, 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 his conditions meet
the VA requirements for service-connected compensation, the evidence does
not support additional compensation under CRSC.
The complete 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 31
August 2007 (Exhibit D) 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 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 available
evidence of record, it is our opinion that the service-connected medical
condition he believes is combat-related was 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, 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 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 28 April 2008, 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-
2007-01374 was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 7 August 2007.
Exhibit D. Letter, SAF/MRBR, dated 31 August 2007.
THOMAS S. MARKIEWICZ
Chair
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