RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00285
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 Jul 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, shoulder condition, conditions of the skeletal system, and back strain, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was ordered to the U.S. to ferry an EB-66C aircraft to Thailand for use in combat.  His injuries were incurred when the aircraft crashed during take-off.  

In support of his request, applicant provided documentation associated with his CRSC application.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on 26 Nov 56.  He was progressively promoted to the grade of major, having assumed that grade effective and with a date of rank of 13 Dec 66.  He served as an Airlift Navigator.  He voluntarily retired from the Air Force on 30 Sep 75, having served 20 years and 29 days on active duty.

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 30% for his unfitting conditions.  

His CRSC application was disapproved on 5 Jan 05 based upon the fact that his service-connected medical conditions were determined not to be combat-related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states injuries received due to mishaps in civilian aircraft are not considered combat-related unless some combat event caused the mishap.  In this case, the crash appears to have been the backwash from jetliner that took off prior to the aircraft he was traveling in.  Since the circumstances surrounding the crash are not combat related, compensation under CRSC is not appropriate.  

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 May 05 for review and comment within 30 days.  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 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, and therefore, do 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.

_________________________________________________________________

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-2005-00285 in Executive Session on 14 Dec 05, under the provisions of AFI 36-2603:

						 , Chair
						 , Member
						 , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 4 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 13 May 05.

 
                                   Chair