RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04036
		INDEX CODE:  108.07
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected disability of Left and Right Shoulder Bursitis be reevaluated as combat-related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

While TDY to Nellis AFB, he sustained injuries after falling from an A-10 cockpit rail.

In support of his request, the applicant provided a personal statement and documentation associated with his CRSC application.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s DD Form 214 reflects he served on active duty from 14 Mar 75 through 31 Oct 91.  He was honorably retired on 1 Nov 91.

Available Department of Veterans Affairs (DVA) records reflect a combined 30% disability rating for his service connected disabilities.

The applicant submitted an application for CRSC for Tinnitus, Impaired Hearing, Right Shoulder Bursitis and Left Shoulder Bursitis.  On 9 Oct 07, his application was partially approved for Tinnitus and Impaired Hearing.  His request contained no evidence to support his Right and Left Shoulder Bursitis were the direct result of armed conflict, hazardous service instrumentality of war, or simulating war.  On 26 Nov 07, his appeal was disapproved because it lacked evidence of injury to his shoulders due to a combat-related factor.

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AIR FORCE EVALUATION:

AFPC/DPSD recommends denial.  DPSD states the applicant's medical condition does not the meet the mandatory criteria for compensation under the CRSC program.  No evidence was located to substantiate his injuries were a direct result of a combat-related event.  An injury sustained by falling of a military aircraft, where the fall was not caused by the aircraft itself, is not considered to be eligible for CRSC.

APFC/DPSD's complete evaluation, with attachments, 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 14 Mar 08 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 timely filed.

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 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-04036 in Executive Session on 12 May 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Nov 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSD, dated 29 Feb 08, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Mar 08.