RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00050
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 Jul 0`
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions be assessed as combat-related in
order to qualify for compensation under the Combat-Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His service-connected medical conditions were incurred during a time frame
that was in support of war or armed actions.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 18
August 1963. He was progressively promoted to the grade of master
sergeant, having assumed that grade effective and with a date of rank of 1
November 1977. He served in Southeast Asia from 15 August 1964 through 19
October 1964, and from 25 January 1965 to 6 March 1965. He voluntarily
retired from the Air Force on 1 May 1984, having served 20 years, 8 months,
and 13 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 13 November 2003, since his service-
connected medical conditions were determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial and states, in part, that 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
evidence to support a combat-related determination. Applicant’s records
fail to show a combat-related connection.
The AFPC/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 2
April 2004 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-
00050 in Executive Session on 6 April 2005, 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 12 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 2 Apr 04.
THOMAS S. MARKIEWICZ
Chair
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