RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01017
INDEX CODE: 108.07
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition of traumatic arthritis (cervical
spine) be assessed as combat-related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The injury to his cervical spine and right shoulder occurred at the same
time; however, his neck injury was not documented in his medical records
and therefore not covered under CRSC guidelines. It can only be speculated
why the military physician did not record the neck injury in his medical
records. The military medical system did not offer treatment so he saw a
chiropractor. The doctor reviewed his records but did not find any
notation of a neck injury.
In support of his request, applicant provided a personal statement and a
medical report.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 30 April 1998, the applicant retired from the Air Force in the grade of
technical sergeant, after serving 20 years and 5 days on active duty.
He initially applied for CRSC for condition of the skeletal system and
traumatic arthritis (cervical spine). His claim was partially approved 23
March 2006 for condition of the skeletal system. No evidence was provided
to confirm his traumatic arthritis was the direct result of armed conflict,
hazardous service, instrumentality of war, or simulating war. He submitted
an appeal which was denied on 29 August 2007 due to a lack of supporting
documentation.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSD recommends denial. DPSD provides a review of the applicant’s
medical records and notes he stated his neck injury occurred in turbulence
while flying in 1997. The service medical record dated 4 December 1997
indicated he incurred a shoulder injury from this accident but there was no
documentation of any neck injuries. Additionally, the Department of
Veteran Affairs (DVA) rating decision dated 20 January 1999 stated,
"Service medical records are negative for any neck injury or trauma." He
submitted a document with his request. The entry dated 19 December 1997
stated "slammed to floor of plane. Mid T/S-L/B. Neck some.” However,
there are several blacked out areas, there are no doctors names, form
numbers, or any other way to validate this document. Therefore, the
preponderance of evidence does not conclusively support that he injured his
neck while flying. This lack of evidence prevents approval under CRSC
criteria.
The complete DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 May
2008 for review and comment within 30 days. As of this date, this office
has received no response (Exhibit D).
_________________________________________________________________
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.
Therefore, 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 error or injustice; that the application was denied
without a personal appearance; and that 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 this application in Executive
Session on 4 August 2008, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 March 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 16 May 2008.
Exhibit D. Letter, SAF/MRBR, dated 23 May 2008.
THOMAS S. MARKIEWICZ
Chair
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