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AF | BCMR | CY2005 | BC-2004-00131
Original file (BC-2004-00131.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00131
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

Mandatory Case Completion Date:  17 Jul 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, Achilles  tendonitis,  be  assessed
as combat related in order to qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injury is the direct result of years  of  combat  related  training  and
real world deployments in high-risk operations.  His duties performed  as  a
pararescueman were hazardous and combat related.  During  a  SAREX  in  Hong
Kong in 1986 he sprained his ankle carrying a casualty off a  mountain  down
a narrow trail in the dark.  The injury was  further  aggravated  conducting
closed circuit  dive  operations.   He  received  injuries  to  both  ankles
following a fast rope insertion when several Navy Seals became detached  and
landed on him as he reached the ground.  He  was  subsequently  treated  for
tendonitis and inflammation following a long run to a helicopter  extraction
point.  A Navy physician treated him for his injury.  In 1990 he  dislocated
his ankle practicing  the  fireman's  carry  during  down-man  drills  after
physical training.  The doctor documented it as a football injury, which  he
was not aware of until after his retirement.  He was  seen  by  a  physician
for tendonitis caused by  running  on  hard  pavement  with  full  equipment
during runway clearing  operations  following  airfield  seizure  operations
involving a static-line parachute insertion from 1,000  feet.   He  sprained
his ankle during a real world deployment to Peru.   He  stepped  in  a  hole
carrying  a  casualty  on  his  back  during  a  combat  search  and  rescue
operation.  He was treated for Achilles tendonitis  from  running  following
live fire combat rescue training with the Army  Rangers  while  deployed  to
Guantanomo Bay, Cuba.  He was treated  for  bilateral  tendonitis  following
several days of high angle/hazardous terrain and helicopter rescue  training
in 1997.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation extracted from his Department of Veterans  Affairs  (DVA)  and
military medical records; and a copy of his  DD  Form  214,  Certificate  of
Release or Discharge  from  Active  Duty.   His  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  27
May 80.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Apr  98.
He served as a Pararescueman  and  as  a  Security  Forces  Specialist.   He
voluntary retired from the Air Force on 31 May 01, having  served  21  years
and 4 days on active duty.

Current DVA records reflect a compensable rating of 10%  for  his  unfitting
condition.

His CRSC application was disapproved on 10 Dec 03 due  to  lack  of  medical
evidence to support his claim.  However, on 11 May 04, his request for  CRSC
was granted for his spinal disc condition rated at 40%,  tinnitus  rated  at
10%, and for his impaired hearing although it is currently rated at 0%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD  states  although  he  claims  his  ankle
injuries were from training exercises, a review of  his  records  found  his
major injuries occurred while playing football  and  basketball.   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 14  May
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
condition the applicant believes is combat-related was 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, does  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-
00131 in Executive Session on 6 Apr 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James W. Russell III, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 May 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 May 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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