RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03072
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, limited motion of ankle and
lumbosacral or cervical strain, be assessed as a direct result of armed
conflict, or caused by an instrumentality of war.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The injury to his left foot occurred under conditions simulating war. On
10 Nov 86, while attending a Military Training Class he was injured. His
injuries occurred while assigned to units that constantly trained for war.
In support of his request, applicant provides a personal statement and
documentation associated with his request.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 25 Jan 67 and was
progressively promoted to the grade of technical sergeant. He was
honorably retired in that grade on 1 Aug 89.
The applicant’s available medical records relate his left ankle injury to a
hike while in mobility school, marching through the woods, and to a history
of congenital bilateral clubfeet. On 21 Mar 81, while in his personal
residence, he injured his back after lifting his mobility equipment from
the side with one arm.
His available Department of Veterans Affairs (DVA) records reflect a
combined compensable rating of 50 percent for his unfitting conditions
occurring during peacetime.
The applicant applied for the Combat-Related Special Compensation (CRSC)
program for his ankle and back on 27 May 04 and his claim was disapproved.
He provided additional evidence on 12 Oct 06, and requested reconsideration
of his claim. His claim was denied for insufficient evidence.
Subsequently, he submitted additional requests for reconsideration on 8 Nov
06 and 27 Aug 07, and both applications were denied.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of the applicant’s request that his records be
corrected to show that his ankle and back were the direct result of armed
conflict or caused by an instrumentality of war.
DPPD indicates these conditions do not meet the mandatory criteria for
compensation under the CRSC program as outlined under the provisions of 10
United States Code Chapter 71, Section 1413a. The available evidence
relates his ankle injury to a hike while in mobility school, and to a
history of congenital bilateral clubfeet, and his medical records do not
confirm his ankle injury is directly related to a combat-related event. A
disability as a result of cumulative actions as opposed to a specific
incident or injury does not meet the established criteria for CRSC. In
regard to the applicant’s claim for CRSC for injuring his back, lifting a
mobility bag in preparation for an exercise does not qualify for CRSC.
The complete AFPC/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 24 Apr
09, for review and comment within 30 days. As of this date, no response
has been received by this office.
_________________________________________________________________
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. 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. We agree with the opinion and recommendation of
the 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(s) 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 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.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2006-
03072 in Executive Session on 1 Sep 09, under the provisions of AFI 36-
2603:
Mr. James W. Russell, Panel Chair
Mr. Allan Blomgren, Member
Mr. Michael Barbino, Member
The following documentary evidence was considered under Docket Number BC-
2006-03072:
Exhibit A. DD Form 149, dated 11 Dec 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 15 Apr 09, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 24 Apr 09.
JAMES W. RUSSELL
Panel Chair
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