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AF | BCMR | CY2005 | BC-2004-00761
Original file (BC-2004-00761.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00761
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injury occurred a crew entry chute came down across  both  knees  as  he
was entering an aircraft.  He went to the hospital  and  after  x-rays  were
taken he was told his knees were bruised, the right knee more than the  left
knee.  He was told that over a period of time the left knee would  give  him
some problems that would later require care.  During the course of time  his
medical records were altered.  While making copies of  the  reports  someone
overlapped them with another form.  He was not aware of the error  until  he
received copies of his records  from  the  Department  of  Veterans  Affairs
(DVA).

In support of his request,  applicant  provided  a  personal  statement  and
documentation extracted from his DVA  and  military  medical  records.   His
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  14
Nov 55.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Sep  72.
He served as a Communications  Center  Specialist  and  an  Airborne  Crypto
Technician.  He voluntary retired from the Air Force on 31  May  77,  having
served 21 years, 6 months, and 17 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect  a  compensable
rating of 10% for his unfitting condition.

His CRSC application was disapproved on 11 Feb 04 based upon the  fact  that
documentation  provided  failed  to  show  his   service-connected   medical
condition was the result of hazardous service or conditions simulating war.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his  records  show  his  traumatic
arthritis is not combat related.  Unfortunately there  is  no  corroborating
documentation of the incident in which he states "the crew entry chute  came
down across  both  knees  as  we  were  entering  the  aircraft".   Injuries
sustained from a military device, where the injury was  not  caused  by  the
device itself is not considered to be eligible for CRSC.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the  Air  Force  evaluation,  applicant  provided  additional
documents extracted from his medical records.  His  complete  submission  is
at Exhibit E.

_________________________________________________________________

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-
00761 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 27 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Medical Record Excerpts.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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