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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