RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04173
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, traumatic arthritis of his
cervical and lumbar spine, arthritis of the knees, auditory canal disease,
hypertension, and gout, be assessed as combat related in order to qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions occurred while on active duty and training for the Cold War,
Vietnam War, Grenada, and the Gulf War. All of which are worldwide crises.
Each passing year his health worsens.
In support of his request, applicant provided a copy of his CRSC denial
letter. His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Data extracted from the available military records indicates that the
applicant served in the Air National Guard. He was progressively promoted
to the grade of chief master sergeant. He voluntary retired from the on 30
Sep 99. He served for 32 years, 9 months, and 16 days of which 20 years
and 28 days were active service.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 21 Nov 03 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 his records do reflect he was
treated for the above conditions although they are not considered to be the
result of combat related acts, instrumentality of war or due to hazardous
service. There is no record of any particular injury that could account
for the onset of his conditions other than the calf pain he developed while
pushing a hay rake on 5 Sep 93 and pain he developed on his feet while
completing his walking exercise. He reported heavy and hard work during
the service contributed to his disabilities. heavy manual labor is not a
combat related activity. There is no documentation that his disabilities
are the direct result of armed conflict, hazardous service or
instrumentality of war, but rather are the results of normal "wear and
tear" from other routine causes/exposure, or his particular physical
makeup. He was diagnosed and treated with medication for his hypertension.
He was overweight and was advised to lose the weight. There is no record
of treatment of his auditory canal disease other than his high frequency
hearing loss noted on his physical examinations. The DPPD evaluation is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states form 1981 through 1985 he was assigned to a unit that
deployed for real was training. The first 15 years of his career were in
the National Guard. As a technician he spent all of his time training for
a global was with the Soviet Union. He went on active duty in 1981
performing deployments to support real world exercises. His 32 years in
uniform were spent training to prepare for any worldwide conflict. His
complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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.
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.
_________________________________________________________________
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-2003-
04173 in Executive Session on 23 Feb 05, 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 2 Dec 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 9 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 26 Mar 04.
Exhibit E. Letter, Applicant, dated 9 Apr 04.
THOMAS S. MARKIEWICZ
Chair
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