RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01374
		INDEX CODE:  108.07
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected disability for back problem be assessed as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

His upper left shoulder and neck injury were caused by a sudden violent maneuver in an F-89 to avoid a collision during training of radar intercept officers.  He was assigned to the Air Force Institute for Technology (AFIT) at Texas A & M University, College Station, Texas but was attached to James Connally AFB, Waco Texas located 110 miles from College Station.  Besides his annual physicals for eye examinations, his records for the two and a half year period only has one entry.  It was impractical to drive to Waco for treatment.  Considering flying was not his primary duty while at Texas A & M, he did not schedule himself to fly if his physical condition was not satisfactory.  He believes the circumstances of his special assignment should be considered.  His medical record never mentioned back problems before this incident and he has numerous entries after this which lends support to the facts as he has described them. 

In support of his request, applicant provided documentation associated with his CRSC application.

The complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 November 1984, the applicant retired from the Air Force in the grade of colonel, after serving 28 years, 10 months and 26 days on active duty.  

Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 20% for his service-connected conditions.

He initially applied for CRSC for impaired hearing and inflammation of lower radicular nerves.  On 5 December 2006 both were disapproved, his impaired hearing as insufficient and the inflammation of lower radicular nerves as non-combat related.  No evidence was provided to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD provides a review of the applicant’s medical records and states although aircrew duties can be strenuous, conditions developed through the performance of normal service are not usually considered combat-related.  When considering chronic conditions, such as inflammation of the lower radicular nerves, under the CRSC guidelines, it may be difficult to determine that armed conflict, hazardous service, instrumentality of war, or simulating war was the definitive cause.  To be eligible for compensation, clear documentation must be provided to indicate an injury occurred and was caused by a combat-related factor (such as ejection from an aircraft) rather than from routine causes or the veteran's particular physical make-up.  While his conditions meet the VA requirements for service-connected compensation, the evidence does not support additional compensation under CRSC. 

The complete DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 August 2007 (Exhibit D) for review and comment within 30 days.  As of this date, this office has received no response.

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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.  After a thorough review of the available evidence of record, it is our opinion that the service-connected medical condition he believes is combat-related was 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, 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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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.

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The following members of the Board considered this application in Executive Session on 28 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01374 was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 7 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 31 August 2007.