Search Decisions

Decision Text

AF | BCMR | CY2008 | BC-2008-00759
Original file (BC-2008-00759.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00759
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected  medical  condition,  invertebral  disc  syndrome,  be
assessed as combat-related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 21 April 1978, he was working on the flight  line  at  Tyndall  AFB  when
attempting to hook up an aircraft tow bar to a tug and the tow  bar  snapped
back and struck him in the head.

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, 6 months and 11 days on active duty,  the  applicant
retired from the Air Force on 1 March 2002 in  the  grade  of  major  having
assumed that grade effective and with a date of rank of  31  May  1995.   He
served as an Instructor Fighter Pilot, Fighter Pilot, and Pilot.

His CRSC application was disapproved on 30  November  2004  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  while  the  applicant’s  service
medical record dated 21 April 1978 corroborates him getting  struck  in  the
head by a tow  bar  tongue,  it  does  not  provide  required  documentation
showing this as the cause of his injury nor does  it  show  the  event  took
place under combat-related circumstances.  Furthermore, a  tow  bar  is  not
considered an instrumentality  of  war.   While  the  applicant’s  condition
meets the Department of Veterans Affairs  (DVA)  requirements  for  service-
connected compensation, the evidence does  not  support  compensation  under
CRSC.

The complete DPPD evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 June 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.

4.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue involved.  Therefore, the request  for
a hearing is not favorably considered.

_________________________________________________________________

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-
00759 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 19 February 2008, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 May 2008, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 13 June 2008.





                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-01876

    Original file (BC-2004-01876.DOC) Auto-classification: Denied

    Flying fighter aircraft is hazardous service and his duties towing target drones were conducted under simulated combat conditions. DPPD states a review of his service and DVA medical records show his hypertension is not combat related. 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.

  • AF | BCMR | CY2006 | BC-2004-02282

    Original file (BC-2004-02282.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02282 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 25 Jan 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis and condition of the skeletal system, be assessed as combat related in order to qualify for compensation under the Combat...

  • AF | BCMR | CY2005 | BC-2004-01883

    Original file (BC-2004-01883.DOC) Auto-classification: Denied

    DPPD states a review of his service and DVA medical records show his service connected conditions are not combat related. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are combat-related were not 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,...

  • AF | BCMR | CY2005 | BC-2004-01278

    Original file (BC-2004-01278.DOC) Auto-classification: Denied

    In support of his request, applicant provided a personal statement outlining his career as an Air Force officer and providing data pertaining to the studies of the effects of herbicides and Plutonium exposure; a bibliography, a physician's statement, and his CRSC denial letter. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical condition the applicant believes is combat-related was not incurred as the direct result of armed...

  • AF | BCMR | CY2006 | BC-2005-01299

    Original file (BC-2005-01299.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01299 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 Oct 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, degenerative arthritis of the knees, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...

  • AF | BCMR | CY2005 | BC-2003-03843

    Original file (BC-2003-03843.DOC) Auto-classification: Denied

    _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant recommends denial. The Medical Consultant states a review of his service medical records and personnel records finds no documentation or references to the incident he states caused his heart disease. The Medical Consultant evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE...

  • AF | BCMR | CY2006 | BC-2005-03898

    Original file (BC-2005-03898.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03898 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 24 Jun 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, limited motion in the lumbar spine, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...

  • AF | BCMR | CY2008 | BC-2008-00389

    Original file (BC-2008-00389.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00389 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, degenerative arthritis of the spine, be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. 100% of his Vietnam flight...

  • AF | BCMR | CY2008 | BC-2007-04055

    Original file (BC-2007-04055.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04055 INDEX CODE: 108.07 COUNSEL: DAV HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, degenerative arthritis of the spine, be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. The complete DPPD evaluation,...

  • AF | BCMR | CY2005 | BC-2004-02060

    Original file (BC-2004-02060.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred when he fell off a ladder entering a B-29 aircraft. DPPD states a review of his service and DVA medical records show his degenerative arthritis and limited motion of arm are not combat related. After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are combat-related were not...