AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01712
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, back injury, be assessed
as combat-related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 6 July 1967, he was ejected from an F-105 aircraft and injured
his back.
In support of his request, the applicant provides congressional
documentation.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force on 1 October 1970 in the
grade of major, having served 20 years and 7 months on active
duty.
His CRSC application was disapproved on 15 September 2004 based
upon the fact that his service-connected medical condition was
determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSDC recommends denial. DPSDC states documentation
provided by the applicant clearly indicates he had documented
back problems prior to his aircraft ejection. Furthermore,
documentation from the time of the ejection is silent for an
injury to his back. Documentation received contained no
definitive evidence to confirm this disability was the direct
result of a combat-related event. The applicant’s condition does
not meet the mandatory criteria for compensation under the CRSC
program as outlined under the provisions of Title 10 U.S.C.,
Section 1413a. While documentation shows back problems during
service, documentation does not confirm applicant’s back was
injured from his aircraft ejection.
The complete DPSDC’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 July 2012, the evaluation was forwarded to the applicant
for review and comment within 30 days (Exhibit D). 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 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-2012-01712 in Executive Session on 30 January 2013,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01712 was considered:
Exhibit A. DD Form 149, dated 22 April 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSDC, dated 29 June 2012, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 July 2012.
AF | BCMR | CY2010 | BC-2010-03892
_________________________________________________________________ APPLICANT CONTENDS THAT: The CRSC office denied his request and claims he has not provided enough evidence to show that his service related disabilities are directly linked to combat-related (also training for combat/hazardous service) factors. The complete DPSDC evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 14 Jan...
AF | BCMR | CY2013 | BC-2012-02351
Office of the Assistant Secretary DEPARTMENT OF THE AIR FORCE WASHINGTON, DC DOCKET NUMBER: BC-2012-02351 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His back injury be changed from non-combat to combat-related, so he may qualify for monetary benefits authorized under the Combat-Related Special Compensation (CRSC) program. ...
AF | BCMR | CY2011 | BC-2011-01283
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01283 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, epilepsy be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. The evidence of record does not support a finding that the...
AF | BCMR | CY2012 | BC-2012-00157
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00157 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, impaired hearing and tinnitus, be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. In accordance with DD Form 2860, Claim for...
AF | BCMR | CY2010 | BC-2010-00611
He received shrapnel in his right hand, frostbite to three toes on his left foot and wounds and injuries from an incoming explosion (back, knee, and right shoulder). When making combat-related determinations the Board looks for documentation from the time of the injury confirming the event and the injury. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an...
AF | BCMR | CY2011 | BC-2010-01081
His service-connected medical condition, arthritis of the back and neck and sinusitis (bronchitis) be reevaluated as combat-related in order to qualify for compensation under the Combat-Related Special Compensation (CRSC) Act. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibits C. _________________________________________________________________ AIR FORCE...
AF | BCMR | CY2012 | BC-2012-00461
He was never informed that he would lose his entitlements to CRSC and CRDP because he retired prior to reaching 20 years of active duty service. On 1 Dec 04, the DVA awarded him a compensable disability rating of 10 percent for General Anxiety Disorder. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial of the applicant’s request that his anxiety disorder be approved for CRSC.
AF | BCMR | CY2008 | BC-2007-01925
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial. The complete DPSDC evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states that his unit was in direct support of an Army Infantry Division. The available evidence of record does not support a finding that the service-connected medical condition the applicant believes is...
AF | BCMR | CY2011 | BC-2011-01329
The complete DPSDC evaluation, with attachment, is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He has never hidden the fact he had a knee injury prior to his Air Force career. The available evidence of record and the documentation provided by the applicant does not support a finding that his service- connected knee conditions he believes are combat-related were incurred as the direct result of armed conflict,...
AF | BCMR | CY2008 | BC-2007-02482
Although applicant believes his back condition is related to his boom operating duties, there is no in-service documentation that confirms a relationship between his aircrew in-flight refueling duties and this condition. 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. ...