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AF | BCMR | CY2005 | BC-2004-00050
Original file (BC-2004-00050.DOC) Auto-classification: Denied

                            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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