RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00763
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, left  and  right  knee  prosthesis
and spinal disc condition,  be  assessed  as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His right knee was injured during combat survival training in 1959.  He  was
out in the field during the training and no clinic or medical treatment  was
available without returning  to  the  base.   He  elected  to  continue  the
program although  his  knee  was  swollen  and  painful.   Subsequent  pilot
examinations revealed his knee problems.

Some of his medical records are missing because of the fire at the  National
Personnel Records Center in 1973.  There are at least two  errors  noted  on
his medical exam forms.  Some of  the  forms  reflect  "patient  reports  no
complications".  Being concerned of the possibility  of  not  being  cleared
for flight duty, he often minimized seeking medical treatment for  the  knee
and back problems.

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

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  14
Jun 54.  He was progressively promoted to the grade of  lieutenant  colonel.
His name was placed on the Retired Reserve Listing on 11  Dec  76,  awaiting
retired pay  at  age  60.   He  has  accumulated  22  years  and  1  day  of
satisfactory Federal service.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 17 Feb 04 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his  knee  conditions  and  spinal
disc condition are not combat related.   A  review  of  his  medical  record
shows his right knee problem is the result of a football injury  at  age  16
and again in 1962 (cause unknown).  There  is  no  documentation  supporting
his account for his injury during combat survival training  in  1959.   CRSC
determinations can only be made from documented information in  the  records
as distinguished  from  personal  opinion  or  accounts.   His  spinal  disc
condition has been determined by the DVA to be secondary to his  right  knee
condition.  Documents dated in 1957 show he  complained  of  low  back  pain
while inactive and  when  exercising  in  the  morning.   He  indicated  his
participating in sports might be contributing to his back discomfort.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his physical examinations prior  to  his  1959  injury  all
reflect full recovery with  no  complications  from  the  high  school  knee
problem.   The  injury  sustained  during  survival  training  in  1959  was
substantial.  After 1959, many of the medical reports in  his  records  show
that the right knee problems were evident  and  the  episodes  of  pain  and
swelling would occur more frequently.  Survival training is  duty  performed
under conditions simulating war.  His doctors have stated that  limping  and
posture changes forced by knee problems puts extra  strain  on  other  joint
areas.

His complete response 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
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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
00763 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 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.
    Exhibit E.  Letter, Applicant, dated 4 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair