RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03810
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition of Intervertebral Disc Syndrome be
reevaluated as combat-related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He incurred a back injury in Japan returning from a mission in Korea in
1952.
In support of his request, the applicant provided documentation associated
with his CRSC application.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s DD Form 214 reflects he served on active duty from 7 Jul 51
through 30 Apr 72. He was honorably retired on 1 May 72.
Available Department of Veterans Affairs (DVA) records reflect a combined
60% disability rating for his service connected disabilities.
The applicant submitted an application for CRSC for Intervertebral Disc
Syndrome. His application was approved on 9 Jan 07 for Impaired Hearing
and Tinnitus but was denied for the Intervertebral Disc Syndrome due to
insufficient documentation. No evidence was provided to show his back
injury was caused or aggravated by an aircraft accident. On 26 Oct 07, he
was notified by DPSD that his application was denied for the
Intervertebral Disc Syndrome and was approved at 40 percent for Impaired
Hearing and Tinnitus.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD states there is no evidence to indicate
his Intervertebral Disc Syndrome was caused by an aircraft accident or any
other combat-related event. His medical condition does not meet the
mandatory criteria for compensation under the CRSC program.
APFC/DPSD's complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28 Feb
08 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. 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-
03810 in Executive Session on 12 May 08, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Oct 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSD, dated 21 Feb 08, w'atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Feb 08.
THOMAS S. MARKIEWICZ
Panel
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