Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-00190
Original file (BC-2004-00190.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00190
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His disability was incurred  in  Vietnam  in  1968  while  participating  in
Special Project (Code Name) Combat Sky Spot.  The mission was  conducted  in
a war zone during live bombing missions.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation  associated  with  his  request  for  CRSC  benefits.  .   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  21
Apr 51.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Dec  68.
He served as a Radar Technician.  He voluntarily retired from the Air  Force
on 31 Aug 71.  He served 20 years and 18 days on active duty.

His CRSC application was disapproved on 19 Oct 03 based upon the  fact  that
his DVA service-connected medical condition was determined not to be  combat
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends  denial.   DPPD  states  his  records  reflect  he  was
treated for Raynaud's phenomenon dated  back  to  1960  while  stationed  in
Japan.  He continued treatment and in 1968 a  diagnosis  of  Sclerodema  was
made.  There is no documentation that reflects his disability is the  direct
result of armed conflict, hazardous  service,  or  instrumentality  of  war.
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  7  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-
00190 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 15 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • 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-2004-00767

    Original file (BC-2004-00767.DOC) Auto-classification: Denied

    In support of his request, applicant provided a personal statement, his CRSC denial letter, and documents extracted from his medical and flight records. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states the definite causal relationship can be found in the fact that his injury would not have occurred if he was not a crewmember, performing official duties, during ongoing combat...

  • AF | BCMR | CY2005 | BC-2004-00970

    Original file (BC-2004-00970.DOC) Auto-classification: Denied

    In support of his request, applicant provided a personal statement, documentation extracted from his medical records and documentation associated with his CRSC application. DPPD states a review of his service and DVA records does not show that his conditions are combat related. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2005 | BC-2003-04055

    Original file (BC-2003-04055.DOC) Auto-classification: Denied

    His left knee condition is not considered service connected by the DVA. 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...

  • AF | BCMR | CY2005 | BC-2004-02060

    Original file (BC-2004-02060.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His injuries were incurred when he fell off a ladder entering a B-29 aircraft. DPPD states a review of his service and DVA medical records show his degenerative arthritis and limited motion of arm are not combat related. 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...

  • AF | BCMR | CY2005 | BC-2004-02382

    Original file (BC-2004-02382.DOC) Auto-classification: Denied

    During this time he was using a keyboard and several push button recorders to perform his duties. 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...

  • AF | BCMR | CY2005 | BC-2004-01237

    Original file (BC-2004-01237.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01237 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis (cervical) and degenerative arthritis (left and right shoulder), be assessed as combat related in order to qualify for compensation under the Combat Related Special...

  • AF | BCMR | CY2006 | BC-2006-01088

    Original file (BC-2006-01088.doc) Auto-classification: Denied

    Available Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 20% for his unfitting conditions. DPPD states the applicant initially requested review of his service-connected disabilities of back strain, degenerative arthritis of the hands and knees, and bursitis of the shoulder. 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...

  • AF | BCMR | CY2005 | BC-2004-00213

    Original file (BC-2004-00213.DOC) Auto-classification: Denied

    His CRSC application was disapproved on 16 Dec 03 based upon the fact that his service-connected medical conditions were determined not to be combat- related. _________________________________________________________________ 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...

  • AF | BCMR | CY2005 | BC-2004-00663

    Original file (BC-2004-00663.DOC) Auto-classification: Denied

    On 12 Dec 66, he underwent a laminectomy to repair a herniated disc, which he suffered while engaged in hazardous duty as a KC-135 Navigator on a mission from Andrews AFB to Seattle WA. He served 21 years, 6 months, and 27 days on active duty Available documentation reflects a DVA combined compensable rating of 70% for his unfitting conditions. His records reveal no record of any particular injury that could account for the onset of his back pain.