RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03642
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His service-connected medical  conditions,  degenerative  arthritis  of  the
right knee, left knee, right hand, left hand, right ankle, lumbar spine  and
thoracic spine, 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:

He was in one battle in Northern France during World War II, which  was  the
origin of his problems.

In support of his request,  applicant  provided  a  personal  statement  and
documentation associated with denial of his request for CRSC benefits.   His
complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  11
Feb 43.  He  was  progressively  promoted  to  the  grade  of  chief  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Apr 65.  He served in Europe from 27 Jul 41 through 22 Jul 45  with  a  tour
in Northern France from July 1944 through September  1944.   He  voluntarily
retired from the Air Force on 1 Jul 73, having served 30  years,  4  months,
and 20 days on active duty.

The 27 Feb  02,  Department  of  Veterans  Affairs  (DVA)  ratings  decision
reflects a compensable disability rating of 60% for arthritis,  right  knee,
post total knee arthroplasty.

His CRSC application was disapproved on 8 Sep 03 based upon  the  fact  that
although his DVA service-connected medical condition met the  mandatory  60%
rating, his condition was determined to be non-combat related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the  applicant's  records  do  not
reflect  he  was  treated  for  the   listed   disabilities   although   his
disabilities  are  determined  to  be  non-combat  related.   His  arthritic
conditions were not the result of combat related  acts,  instrumentality  of
war, or due to hazardous service.  According  to  his  medical  records,  he
claimed that on 26 Dec 66,  he  slipped  on  ice,  falling  back  against  a
weapons carrier truck, but sought no medical attention until three  or  four
weeks later.  Injuries sustained by either falling, slipping off or  working
on a military device where the injury was not caused by the  device  itself,
but instead, error/misjudgment are not considered to be eligible  for  CRSC.
His retirement physical does not list  his  degenerative  joint  disease  or
arthritis.  He was considered to be  qualified  for  worldwide  duty.    The
fact a member may have incurred a medical condition during a period of  war,
or  while  participating  in  combat  operation/training  exercises  is  not
sufficient to support a combat-related determination.  The  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 30  Jan
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

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ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states there is no evidence of an injury  or  condition  that  is  a  direct
result of combat, of injury incurred a result of conditions simulating  war,
and he was not engaged in hazardous service.  He injured his  knee  in  1961
when a gasoline drum fell.  This is  not  an  instrumentality  of  war.   He
reported neck pain three  to  four  weeks  following  an  incident  when  he
slipped on ice and fell against a weapons  carrier  truck.   This  does  not
qualify as an injury as a direct result  from  an  instrumentality  of  war.
The applicant struck the vehicle, the vehicle did not strike the  applicant.
 The delayed onset of symptoms does not indicate a trauma  of  enough  force
to cause his cervical spondylosis, rather  it  more  likely  aggravated  his
preexisting condition.  Evidence of the record documents the development  of
generalized degenerative arthritis of  multiple  joints  and  the  spine,  a
common condition  that  occurs  in  the  absence  of  trauma.   The  Medical
Consultant Evaluation is at Exhibit E.

ODUSD(MPP)/Comp reviewed  the  applicant's  request  and  concurs  with  the
findings and recommendation of  the  BCMR  Medical  Consultant.   The  ODUSD
evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Copies of the  additional  Air  Force  evaluations  were  forwarded  to  the
applicant on 28 Jul 04 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.  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 opinions and recommendations  of  the
Air Force offices of primary responsibility and  adopt  their  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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

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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 AFBCMR Docket Number  BC-2003-
03642 in Executive Session on 6 Oct 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 15 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jan 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 17 Feb 04.
    Exhibit F.  Letter, ODUSD(MPP)/Comp, dated 21 Jul 04.
    Exhibit G.  Letter, SAF/MRBC, dated 28 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair