RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00642 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His military medical record dated 8 September 1974 be corrected 
to reflect he incurred injuries while performing official duties 
as a loadmaster on a combat mission to Phnom Penh Air Base, 
Cambodia. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He applied for CRSC and was denied. After reviewing his medical 
records he found that the attending doctor did not mention that 
he had been on a combat mission when he was injured. During his 
medical evaluation, the doctor wrote “Sustain back injury in 
flight. Complain of ??? lower back pain.” However, the doctor 
failed to include the key words, “on a Combat Mission.” 

 

As the loadmaster in a war zone in Phnom Penh AB, Cambodia, two 
pallets of cargo broke loose during takeoff in the cargo 
compartment and ran over his safety line. This action forcibly 
pulled him from his duty position in the right troop door. His 
neck and back struck the aircraft roller system and floor during 
the fall. He ended up penned against the pallet edge. 

 

After the incident occurred, he continued on the flight for eight 
hours until he finished the mission. He took aspirin for his 
pain and went to the hospital for treatment of sore and stiff 
back and neck. He also reported ringing in his right ear. The 
doctor asked him about the duration and intensity of the ringing. 
He told the doctor, it came and went, but was more of a nuisance. 
However, the ringing in the ear has persisted (on and off) since 
the incident. 

 

In support of his request, the applicant provides a copy of a 
letter from his commander, excerpts from his personnel and 
medical records, and a copy of his Department of Veterans Affairs 
(DVA) decision package. 

 

 

 

 


His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired on 31 Mar 90 in the grade of senior master 
sergeant (E-8). 

 

A DVA Rating decision, dated 30 April 2009, indicates the 
applicant’s conditions of hemorrhoids was increased from 0 to 20 
percent; his cervical spine neck injury with disc disease was 
increased from 0 to 20 percent; his tinnitus was granted with an 
evaluation of 10 percent; his lumbosacral spine strain with disc 
narrowing was increased from 0 to 10 percent; and his right knee 
osteoarthritis pain and weakness was continued at 10 percent, all 
effective 5 March 2009. 

 

The applicant applied for receipt of CRSC; however, on 13 April 
2011, he was notified that his request for CRSC was partially 
granted for his impaired hearing. He was notified in the same 
letter that his request for CRSC for his condition of the 
skeletal system (right knee) and degenerative arthritis of the 
spine (cervical and lumbar) was denied because his claim did not 
reference the cause of his right knee condition and how it met 
the guidelines for CRSC; and his neck and back injury did not 
contain definitive evidence to confirm his disabilities were the 
direct result of a combat-related event. 

 

Examiner's Note: In order for the applicant to meet the CRSC 
criteria, the applicant's injuries need to reflect they were 
"combat-related." 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFMOA/SGAT recommends denial. AFMOA/SGAT states the available 
medical documents show no evidence that the flight on 7 Sep 74 
was a combat related mission. In addition, none of the 
supporting documentation provided by the applicant implicitly 
states that he was on a combat mission on the date he was 
injured. 

 

The AFMOA/SGAT complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant responded by reiterating his original contentions; 
however, he goes into further detail regarding the incident. In 
addition, he believes he should have done as the aircrew and 


medical personnel do today and document everything associated 
with any type of incident that may or may not involve an injury 
that may lead to a future medical treatment and/or correction to 
military records. The only evidence he can provide in support of 
his request is his word, and the letters from his commander and a 
fellow loadmaster. 

 

The applicant’s complete submission is at Exhibit D. 

 

_________________________________________________________________ 

 

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 applicant 
has requested that his service medical records be amended to 
reflect that he incurred injuries while performing official 
duties as a loadmaster on a combat mission to Phnom Penh Air 
Base, Cambodia. It appears the applicant is seeking to have his 
medical records confirm that his service-connected medical 
conditions qualify for benefits under the CRSC Act. However, we 
do not find the evidence submitted sufficient to conclude that 
the service-connected medical conditions the applicant believes 
are combat-related were 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, find no basis to change 
his medical records as requested. Additionally, the applicant 
has not provided sufficient evidence to show that the medical 
care providers he saw failed to properly discharge their duties 
and responsibilities to accurately document his medical condition 
in his service medical records. As such, 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 regarding his pursuit of benefits under the CRSC 
Act. Therefore, 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 AFBCMR Docket 
Number BC-2011-00642 in Executive Session on 7 Dec 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

The following documentary evidence for Docket Number BC-2011-
00642 was considered: 

 

 Exhibit A. DD Form 149, dated 17 Feb 11, w/atchs. 

 Exhibit B. Letter, AFMOA/SGAT, dated 2 Aug 11. 

 Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11. 

 Exhibit D. Letter, Applicant, dated 12 Sep 11. 

 

 

 

 

 

 Panel Chair