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AF | BCMR | CY2005 | BC-2004-00048
Original file (BC-2004-00048.DOC) Auto-classification: Denied

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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