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AF | BCMR | CY2008 | BC-2007-04036
Original file (BC-2007-04036.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-04036
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected disability of Left  and  Right  Shoulder  Bursitis  be
reevaluated as combat-related in order to  qualify  for  compensation  under
the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While TDY to Nellis AFB, he sustained injuries after falling  from  an  A-10
cockpit rail.

In support of his request, the applicant provided a personal  statement  and
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  14  Mar
75 through 31 Oct 91.  He was honorably retired on 1 Nov 91.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
30% disability rating for his service connected disabilities.

The applicant submitted an  application  for  CRSC  for  Tinnitus,  Impaired
Hearing, Right Shoulder Bursitis and Left Shoulder Bursitis.  On 9  Oct  07,
his application was partially approved for Tinnitus  and  Impaired  Hearing.
His request contained no evidence to support his  Right  and  Left  Shoulder
Bursitis were  the  direct  result  of  armed  conflict,  hazardous  service
instrumentality of war, or simulating war.  On 26 Nov  07,  his  appeal  was
disapproved because it lacked evidence of injury to his shoulders due  to  a
combat-related factor.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD states the applicant's medical  condition
does not the meet the mandatory criteria for  compensation  under  the  CRSC
program.  No evidence was  located  to  substantiate  his  injuries  were  a
direct result of a combat-related event.  An injury sustained by falling  of
a military aircraft, where the fall was not caused by the  aircraft  itself,
is not considered to be eligible for CRSC.

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 14  Mar
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-
04036 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 4 Nov 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSD, dated 29 Feb 08, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Mar 08.





                                        THOMAS S. MARKIEWICZ
                                        Chair

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