RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01938
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
______________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, invertebral disc syndrome be
reevaluated as combat-related in order to qualify for compensation under
the Combat Related Special Compensation (CRSC) Act.
______________________________________________________________
APPLICANT CONTENDS THAT:
His injury was incurred while working on aircraft performing combat
missions during Operation Urgent Fury.
In support of his request, the applicant provided a personal statement and
documents extracted from his military records.
Applicant’s complete submission, with attachments, is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
On 17 Dec 80, the applicant contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of senior
master sergeant having assumed the grade effective and with a date of rank
of 1 Nov 99. He was honorably retired on 1 Dec 01.
Available Department of Veterans Affairs (DVA) records reflect a combined
70% disability rating for his service connected disabilities.
The applicant submitted an application for CRSC for impaired hearing,
tinnitus, inflammation of all radicular nerve groups-right upper and
intervertebral disc syndrome. His application was partially approved on 9
Aug 07 for impaired hearing and tinnitus but was denied for inflammation of
all radicular nerve groups-right upper and intervertebral disc syndrome.
He appealed the board’s decision and the appeal was denied on 11 Sep 07.
No evidence was provided to show his back condition was the direct
result of armed conflict, hazardous service, instrumentality of war or
simulating war.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states there is no evidence to indicate
his invertebral disc syndrome was caused by a combat-related event. His
medical records reflect he hurt his back while lifting. Although his
military duties were strenuous, conditions developed through the
performance of normal service are not usually considered combat related.
In order for the applicant to be eligible for compensation under CRSC,
evidence must be provided to indicate his condition was caused by a combat-
related event (such as the concussion of a bomb blast) rather than a
routine activity such as heavy lifting.
APFC/DPPD's complete evaluation, with attachments, is at Exhibit C.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a letter from his physician stating that he has
degenerative changes and disc herniations at C4-C5, C5-C6, C6-C7 and C7-T1.
He had surgery on 7 Jun 07 for his C7-T1 disc herniation. His physician
further states in looking at the MRI it is difficult to date the disc
herniations and if his new MRIs were compared with the old ones and there
were changes at the disc that required surgery at C7-T1 it is certainly
possible that the disc was injured at the time of the initial injury.
______________________________________________________________
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 issues 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-
01938 in Executive Session on 2 Dec 08, 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 17 May 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 Jun 08.
Exhibit D. Letter, SAF/MRBR, dated 18 Jul 08.
Exhibit E. Letter, Applicant, dated 29 Jul 08.
Exhibit F. Letter, Applicant, dated 2 Aug 08, w/atch.
Exhibit G. Letter, SAF/MRBC, dated 15 Sep 08.
Exhibit H. Letter, Applicant, not dated, w/atch.
THOMAS S. MARKIEWICZ
Chair
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