Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-00108
Original file (BC-2004-00108.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00108
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, impaired  hearing,  tinnitus,  and
right knee arthritis, be assessed as combat related in order to qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He participated in air offenses phase from August to October  1968.   During
this time he was part of several convoys in Vietnam in which his unit  built
a Marine base using all types of heavy equipment.  He was exposed to  combat
noise from aircraft, artillery shells, demolition, and heavy equipment.   He
was unable to wear earplugs because of the combat area.

In support of his request, applicant provided a personal statement  and  his
CRSC denial letter.   His  complete  submission,  with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

After serving in the Air National Guard, applicant  contracted  his  initial
enlistment in the Regular Air Force on  5  Feb  54.   He  was  progressively
promoted to the grade of  technical  sergeant,  having  assumed  that  grade
effective and with a date of rank of  1  Jul  72.   He  served  as  a  Heavy
Equipment Operator.  He voluntary retired from the Air Force on 28  Feb  74,
having served 20 years, 1 month, and 11 days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 100% for his unfitting conditions.

His CRSC application  was  approved  for  diabetes  mellitus  and  malignant
growth genitourinary, both rated at 20%.  His  impaired  hearing,  tinnitus,
and degenerative arthritis were disapproved based upon  the  fact  that  the
service-connected  medical  condition  was  determined  not  to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states he had a history of being a  heavy
equipment operator during his military service and followed that  same  type
of work after his military career.   Even  though  the  DVA  determined  his
hearing loss and tinnitus to be service related, they are not considered  to
be the result of combat related acts, instrumentality  of  war,  or  due  to
hazardous service.  There is no record that  could  account  for  his  right
knee problem other than in April 1970 when he  complained  of  knee  locking
and giving away when running.  He was diagnosed with degenerative  arthritis
and placed on a temporary restrictive profile.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the Air Force evaluation and advised the  Board  that
his DVA combined rating has been increased to 100%.  His  complete  response
is at Exhibit E.

_________________________________________________________________

5139 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 opinions and recommendations  of  the
Air Force offices of primary responsibility and  adopt  their  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-
00108 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 9 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Apr 04.
    Exhibit E.  Letter, Applicant, dated 23 Apr 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-02830

    Original file (BC-2003-02830.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02830 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: All of his service-connected medical conditions be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. There are no service medical record entries for injuries...

  • 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...

  • AF | BCMR | CY2005 | BC-2004-03134

    Original file (BC-2004-03134.DOC) Auto-classification: Denied

    In support of his request, applicant provided documentation associated with his CRSC application and documentation extracted from his DVA records. He voluntarily retired from the Air Force on 31 May 71, having served 23 years, 10 months, and 29 days on active duty. 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.

  • AF | BCMR | CY2004 | BC-2003-03642

    Original file (BC-2003-03642.DOC) Auto-classification: Denied

    The Medical Consultant Evaluation is at Exhibit E. ODUSD(MPP)/Comp reviewed the applicant's request and concurs with the findings and recommendation of the BCMR Medical Consultant. _________________________________________________________________ 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...

  • AF | BCMR | CY2005 | BC-2004-01263

    Original file (BC-2004-01263.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His problems probably started with his combat flying in WWII and Korea but his disability became manifested during combat flying in Vietnam in fighter and helicopter missions. The Medical Consultant states his service records show he was diagnosed with osteoarthritis of the cervical spine at age 50. Exhibit E. Letter, BCMR Medical Consultant, dated 31 Mar 05.

  • AF | BCMR | CY2004 | BC-2003-02790

    Original file (BC-2003-02790.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02790 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, degenerative arthritis of both hips, hearing loss, and tinnitus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...

  • AF | BCMR | CY2006 | BC-2005-01299

    Original file (BC-2005-01299.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01299 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 Oct 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, degenerative arthritis of the knees, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation...

  • AF | BCMR | CY2005 | BC-2005-00235

    Original file (BC-2005-00235.DOC) Auto-classification: Denied

    DPPD states a review of his service and DVA medical records show conflicting information regarding the incident. Other evidence is vague until his DVA compensation exam dated 7 Oct 02, which mentions the injury resulted from a fall off a truck in 1952 in Korea. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the...

  • AF | BCMR | CY2005 | BC-2004-03925

    Original file (BC-2004-03925.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His arthritis of the hips claim was actually a claim for bilateral total hips with arthritis. A review of his service and DVA medical records show his arthritis and degenerative arthritis are not combat related. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded and reiterated that his...

  • AF | BCMR | CY2006 | BC-2004-01982

    Original file (BC-2004-01982.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01982 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated MANDATORY CASE COMPLETION DATE: 2 Feb 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, diabetes mellitus, Meniere's syndrome, degenerative arthritis of the lumbar spine, cervical spine and left knee, inflammation of the iris,...