RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00048
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, degenerative arthritis, limited
motion in cervical spine, left and right knee condition, condition of
skeletal system, and bilateral pes planus, be assessed as combat related in
order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Aerial flight is criteria for CRSC under hazardous service. His 30-year
flying career included hazardous weather recon missions, typhoon tracking,
a year of daily combat/combat support missions in Vietnam, and 15 years of
search and rescue/operational missions. The aerial environment of hard
landings, takeoffs, turbulence, emergencies, combat/combat related training
missions and operational search and rescue missions had a direct affect
over the years on his body and not the normal wear and tear of everyday
life.
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:
Applicant contracted his initial enlistment in the Regular Air Force on 14
Jul 59. He was progressively promoted to the grade of chief master
sergeant, having assumed that grade effective and with a date of rank of 1
Mar 85. He served as an Airborne Communication Systems Manager. He
voluntary retired from the Air Force on 30 Sep 91, having served 30 years
and 6 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 10% for his unfitting conditions.
On 30 Mar 04, his CRSC application was approved for tinnitus rated at 10%
and hearing loss which is rated at 0%. His remaining conditions were
disapproved based upon the fact that the 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, of due to hazardous
service. There is no record of any particular injury that he encountered
that would be considered as combat related, just repetitive trauma from
being an aircrew member for over thirty years. He was treated for low back
pain dating back to the early 1980s. He had right and left knee problems
dating back to 1968 when his knees inflamed when jogging. Although he
sought treatment, there is no documentation of injuries of trauma to the
knees or his back. He jogged 20-25 miles a week and continued to have knee
and ankle problems throughout his career. His bilateral pes planus is due
to degenerative changes and soft tissue calcification at the ankles but
considered to be non-combat related. The fact that 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. Military records must show a definite causal
relationship between the armed conflict and the medical conditions.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9 Apr
04 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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.
_________________________________________________________________
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-2004-
00048 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 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 30 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Apr 04.
THOMAS S. MARKIEWICZ
Chair
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