RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01925
		INDEX CODE:  108.07
	xxxxxxxxxxx	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical condition, invertebral disc syndrome be reevaluated and 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 medical records do not indicate that he was injured in Jul 99 in a field exercise with the Army.  His records do indicate he was injured lifting a tent pole but do not mention that he was injured during a field exercise.  He was denied CRSC due to his medical records not indicating field exercise in conjunction with lifting a tent pole.  

In support of his request, applicant provides a supporting letter from his former supervisor and copies of his medical consultation sheet.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 Feb 00, after serving 20 years and 2 days of total active service, the applicant voluntarily retired from the Air Force in the grade of technical sergeant.  

On 21 Jun 06, the applicant’s original request for CRSC for invertebral disc syndrome, paralysis of the median nerve and dysthymic disorder were disapproved because no evidence was provided to confirm these disabilities were the direct result of armed conflict, hazardous service, instrumentality of war, or simulating war.  

Available Department of Veterans Affairs (DVA) records reflect a VA Rating Decision, dated 16 Jun 00, with a combined compensable rating of 40% for his unfitting conditions.  

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AIR FORCE EVALUATION:

AFPC/DPSDC recommends denial.  DPSDC advises that incurring a disability during an exercise is not sufficient to support a combat-related determination without a direct relationship between the combat training and the injury itself.  Raising or lifting a tent pole is not considered a combat activity.  The complete DPSDC evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that his unit was in direct support of an Army Infantry Division.  The back injury he sustained required several weeks of physical therapy to ease the pain.  Since this injury, his back has never been the same.   The applicant’s complete letter, with attachments, is at Exhibit E.

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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.  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 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 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.

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The following members of the Board considered Docket Number BC-2007-01925 in Executive Session on 4 August 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01925 was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSDC, dated 17 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Oct 07.
    Exhibit E.  Letter, Applicant, dated 8 Nov 07, w/atchs.