RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00969
INDEX CODE: 108.07
COUNSEL: NONE
XXXXXXX
HEARING DESIRED: YES
XXXXXXX
MANDATORY CASE COMPLETION DATE: 26 Sep 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, diabetes and foot injury, be
assessed as combat related in order to qualify for compensation under the
Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During a combat patrol in South Vietnam in 1966, he injured his foot for
which he was awarded the Purple Heart (PH). In addition, he was diagnosed
with diabetes in early 1990.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the U.S. Marine Corps from 3 December 1962 to 2
December 1966 as an anti-tank assault man. He was commissioned a second
lieutenant in the Air Force Reserve on 12 January 1972, and entered active
duty. He was progressively promoted to the grade of colonel. He
voluntarily retired from the Air Force on 1 June 1998, having served 30
years, 7 months, and 23 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 60% for his unfitting conditions.
His CRSC application was disapproved on 5 February 2004, based on the fact
that his service-connected medical condition, foot injury, was determined
not to be combat-related. However, on 2 June 2004, his diabetes was
approved for 20% CRSC.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial and states, in part, that although his diabetes
is combat-related and he received a PH, there must be a definite causal
relationship between the PH and the medical conditions. There is no record
of any particular injury to his foot on his discharge physical from the
Marine Corps.
The AFPC/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 10 Jun
2004 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, the majority of the Board opines that the service-
connected medical condition, foot injury, 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. While the applicant is
entitled to the Purple Heart, his records do not reflect a causal
relationship between the Purple Heart and his foot injury. The majority of
the Board agrees with the opinion and recommendation of the Air Force
office of primary responsibility and adopts its rationale as the basis for
their conclusion that the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, the majority of the
Board finds 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.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
The majority of the Board finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
00969 in Executive Session on 6 April 2005, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Ms. Martha A. Maust, Member
By majority vote, the Board recommended denial of the application. Mr.
Markiewicz voted to correct the records but does not wish to submit a
minority report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 2 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 04.
THOMAS S. MARKIEWICZ
Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of XXXXXXX
I have carefully reviewed the evidence of record and the
recommendation of the Board members. The majority of the Board found that
applicant had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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