RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00886
COUNSEL:
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition of Phlebitis and
entitlement to special monthly compensation be reevaluated under
the Combat-Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should be granted compensation under the CRSC program for his
service-connected disability of Phlebitis.
In support of his request, the applicant provides a personal
statement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served as an Airplane Mechanic in the grade of senior master
sergeant (E-8). He was honorably released from active duty
effective 30 September 1976 and retired effective 1 October 1976.
He served 28 years, 2 months, and 19 days on active duty.
According to the limited available medical and DVA records, the
applicant received a 30 percent service-connected disability
compensation rating from the DVA, effective 1 March 1995, for
Peripheral Vascular Disease, Left Deep Vein.
On 11 June 2003, the applicant submitted a request for receipt of
CRSC. On 14 April 2004, he was notified that his request for
CRSC was denied based on his disabilities failed to meet the
criteria established for favorable consideration under the
provisions of performance of duty under conditions simulating
war, instrumentality of war, actual combat, hazardous service, or
other CRSC categories. Similar requests from the applicant were
disapproved on 26 May 2005 and 13 December 2006.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial of the applicants request that his
Phlebitis be approved for CRSC. DPPD indicates this condition
does not meet the mandatory criteria for compensation under the
CRSC program as outlined under the provisions of Title 10, United
States Code (USC), Chapter 71, Section 1413a. DPPD states the
applicants service medical records, dated 1 May 1989, indicate
his Phlebitis occurs after prolonged walks or exercise. In order
to determine a disability is combat-related, there must be
objective documentary evidence the disability is the direct
result of a combat event or events, or performance of duty
simulating war, or caused by hazardous service, or an
instrumentality of war. An injury incurred from routine
activities such as prolonged walking, standing or kneeling are
not unique to military service or combat situations. Therefore,
this type of injury cannot be approved unless some combat-related
event, such as the concussion of a bomb blast, caused the veteran
to injure himself while performing these duties.
The complete DPPD evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 26 September 2009 for review and comment within 30 days
(Exhibit C). 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 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 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 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 Docket Number BC-
2008-00886 in Executive Session on 2 March 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-00886 was considered:
Exhibit A. DD Form 149, dated 3 Mar 09, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 4 Sep 09, w/atch.
Exhibit D. Letters, SAF/MRBR, dated 26 Sep 09.
Panel Chair
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