RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01325
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, depressive disorder, be assessed
as combat-related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
After he retired from the sheriff's department he started having nightmares
about the Tet Offensive in 1968, the nightly rocket attacks and of a fire-
fight at the end of the run-way.
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:
The applicant entered active duty in the Regular Air Force on 1 November
1950. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 March
1969. He served as an Aircraft Maintenance Technician. On 31 January
1976, he was relieved from active duty and retired from the Air Force on
1 February 1976, having served 22 years, 9 months, and 29 days on active
duty.
His CRSC application was disapproved on 20 February 2008 based upon the
fact that his service-connected medical condition was determined not to be
combat-related.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states that since the depressive
disorder was granted as secondary to orthopedic disabilities (his knees)
they would need to confirm a combat-related event as the cause of the
applicant's knee condition in order to approve his depressive disorder. In
his original application, the applicant relates that his knee condition was
"aggravated by the unchanging work conditions while in the Army and Air
Force, prolonged standing, on his feet in all types of environment.
Military foot wear caused the derangement, deterioration and collapse of
both his left and right knees." While prolonged standing can certainly
cause wear-and-tear on the knees, prolonged standing is not considered a
combat-related activity. Additionally, the fact that these conditions were
incurred performing normal duties is not sufficient to support a combat-
related determination without a direct relationship between the disability
and a combat-related factor (such as a hard parachute landing).
Finally, combat-boots are not considered an instrumentality of war. Simply
wearing the combat-boots, while performing normal duties, is not sufficient
to support a combat-related determination without a direct relationship to
a combat-related factor (such as frost-bite incurred during arctic survival
training).
The complete DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 July 2008, a copy of 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-
01325 in Executive Session on 2 December 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, not dated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 27 June 2008, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 18 July 2008.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2007 | BC-2006-01010
DPPD states that while it is evident the applicant received significant treatment throughout his career for the injuries directly relating and secondary to the fall from the ladder, the evidence does not clearly support his contention that the fall was due to a combat related factor. SF 600, Health Record – Chronological Record of Medical Care, dated 27 December 2000, showed complaints of right hip pain. _________________________________________________________________ THE BOARD DETERMINES...
AF | BCMR | CY2009 | BC-2008-03362
Because he did not seek medical attention, documentation of lower back injuries does not exist. His CRSC application was disapproved on 27 March 2006 based upon the fact that his service-connected medical condition was determined not to be combat-related. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2004-00048
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00048 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis, limited motion in cervical spine, left and right knee condition, condition of skeletal system, and bilateral pes planus, be assessed as combat related in order to...
AF | BCMR | CY2004 | BC-2003-02341
The Medical Consultant states a review of his service medical records finds no evidence of trauma, injuries, or exposures related to combat, during exercises or training simulating combat, or attributed to an instrumentality of war. 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,...
AF | BCMR | CY2006 | BC-2005-03013
The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states that in accordance with Public Law 107-314, his unit's mission in Thailand constitutes armed conflict and hazardous service. A medical board found various conditions that he did not have when he entered the Air Force. After a thorough review of the available evidence of record, it is our opinion that the service-connected...
AF | BCMR | CY2004 | BC-2003-02870
_________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The BCMR Medical Consultant states the applicant's back and knee problems do not qualify for the CRSC program; however, his diabetes, presumed under Title 38 to be service-connected due to Agent Orange, does qualify him for CRSC. We have been made aware that the portion of his request regarding his diabetes mellitus, Vietnam era (Agent Orange) presumptive has been granted by the CRSC board and...
AF | BCMR | CY2007 | BC-2006-03836
Applicant’s complete submission, with attachments, is at Exhibit A. Therefore, when considering chronic conditions such as varicose veins, the CRSC Board can only approve them if there is clear evidence that a combat-related event or injury caused or aggravated the condition. 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 | CY2008 | BC-2007-03802
In support of her request, the applicant provided a personal letter and documentation associated with her CRSC application. Available DVA records reflect a combined compensable rating of 90% for her service-connected conditions. The complete DPPD 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 8 February 2008 for...
AF | BCMR | CY2005 | BC-2004-00324
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00324 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, hemorrhage of the brain, dysarthia-drooling, loss of balance-dizziness, both knee conditions, back strain, and hypertension, be assessed as combat related in order to qualify for...
AF | BCMR | CY2004 | BC-2003-03763
He voluntarily retired from the Air Force on 1 Jul 77, in the grade of lieutenant colonel. Over ten years after retiring from the Air Force he was shown to have leg swelling due to chronic venous insufficiency. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and...