RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00430
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, Intervertebral Disc Syndrome, be
assessed as combat-related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His back condition was incurred during an operational readiness inspection
in which the crew was simulating war conditions. The applicant provided an
orthopedic examination that states in 1973, while in Thailand, he was doing
some heavy lifting and developed some pain in his right hip area.
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:
After serving 20 years and 7 days on active duty, the applicant retired
from the Air Force on 1 August 1976 in the grade of senior master sergeant
having assumed that grade effective and with a date of rank of 1 December
1969. He served as an Aircraft Maintenance Superintendent.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 20% for his unfitting conditions.
His CRSC application was partially approved on 3 August 2007 for Chloracne.
Intervertebral Disc Syndrome was disapproved based upon the fact that his
service-connected medical condition was determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states the applicant’s service medical
record reveals he “…was on active duty in Kansas, and was doing some heavy
lifting…” and “..while in Thailand on active duty, he was doing some heavy
lifting…”
The service medical record submitted by the applicant does not show any
combat-related event that occurred while lifting that contributed to his
back injury. 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 the applicant meets
the DVA requirements for service-connected compensation, the evidence does
not support additional compensation under CRSC.
The complete DPPD evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 May 2008, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit D). 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-2008-
00430 in Executive Session on 19 August 2008, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Alan A. Blomgren, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 January 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 7 May 2008, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 May 2008.
THOMAS S. MARKIEWICZ
Chair
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