RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00814
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions of Flat Foot (scar from Mortons Disease removal) and Disfigurement of Head, Neck or Face (scalp scar), be found to be combat related and he receive beneftis under the Combat Related Special Compensation (CRSC) Act.
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APPLICANT CONTENDS THAT:
He injured his foot falling off of a radar work bench during a mortar attack; and, his scalp was injured when an aircraft jumped its chalks and struck him in the head.
In support of his request, the applicant provides copies of his DD Form 214, Report of Separation from Active Duty, his Record of Military Assignments, a Department of Veteran Affairs (DVA) disability rating decision, and the DVA disapproval of his initial claim for consideration under CRSC.
The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
On 30 September 1977, the applicant was honorably discharged from active duty ad retired effective 1 October 1978. He served 22 years, 2 months, and 9 days on active duty.
On 30 September 2005, the applicants original request for CRSC for Foot Pain Scar and Disfigurement of Head, Neck or Face was disapproved. While the DVA granted service connection for his injuries, there was no evidence to support a qualifying CRSC event or events as the direct cause of his disabilities.
Available DVA records reflect a combined compensable rating of 20% for his Scalp Scar and a scar resulting from removal of Mortons Neuroma between the fourth and fifth metatarsal.
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AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD advises that following a review of the applicants medical records, they found no corroborating evidence to support he incurred his conditions as he describes. Without documented evidence that a combat-related event caused his conditions, they are unable to consider them for compensation under the CRSC program.
The complete DPPD evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded that 22 of his 72 years were spent in the military. During that time he lost partial hearing due to the noise from jet engines, he suffers from Neuropathy from crawling through bomb bays and crawl ways, and he has ten inches of scars on his abdomen from two gall bladder operations. These conditions are not compensated and he does not wish for them to be; however, his scalp injury occurred during performance of duties under conditions simulating war and his foot injury occurred during war; therefore, he should be considered for CRSC approval. He provides copies of photographs of his workshop/aircraft taken the day before his foot injury occurred and the day after the rocket/mortar attack during which he sustained his foot injury.
The applicants complete rebuttal is at Exhibit D.
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THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.
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.
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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 that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered Docket Number BC-2008-00799 in Executive Session on 15 July 2009, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-00814 was considered:
Exhibit A. DD Form 149, dated 22 Feb 09, w/atchs.
Exhibit B. Letter, AFPC/DPPD, dated 2 Apr 09, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 May 09.
Exhibit D. applicants Rebuttal, not dated.
Panel Chair
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