RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01925
INDEX CODE: 108.07
xxxxxxxxxxx COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, invertebral disc syndrome be
reevaluated and assessed as combat-related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His medical records do not indicate that he was injured in Jul 99 in a
field exercise with the Army. His records do indicate he was injured
lifting a tent pole but do not mention that he was injured during a field
exercise. He was denied CRSC due to his medical records not indicating
field exercise in conjunction with lifting a tent pole.
In support of his request, applicant provides a supporting letter from his
former supervisor and copies of his medical consultation sheet. His
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Feb 00, after serving 20 years and 2 days of total active service, the
applicant voluntarily retired from the Air Force in the grade of technical
sergeant.
On 21 Jun 06, the applicant’s original request for CRSC for invertebral
disc syndrome, paralysis of the median nerve and dysthymic disorder were
disapproved because no evidence was provided to confirm these disabilities
were the direct result of armed conflict, hazardous service,
instrumentality of war, or simulating war.
Available Department of Veterans Affairs (DVA) records reflect a VA Rating
Decision, dated 16 Jun 00, with a combined compensable rating of 40% for
his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. DPSDC advises that incurring a disability
during an exercise is not sufficient to support a combat-related
determination without a direct relationship between the combat training and
the injury itself. Raising or lifting a tent pole is not considered a
combat activity. The complete DPSDC evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that his unit was in direct support of an Army Infantry
Division. The back injury he sustained required several weeks of physical
therapy to ease the pain. Since this injury, his back has never been the
same. 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. 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 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-2007-01925
in Executive Session on 4 August 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 Docket Number BC-2007-
01925 was considered:
Exhibit A. DD Form 149, dated 11 Jun 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 17 Sep 07.
Exhibit D. Letter, SAF/MRBR, dated 12 Oct 07.
Exhibit E. Letter, Applicant, dated 8 Nov 07, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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