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AF | BCMR | CY2005 | BC-2004-00969
Original file (BC-2004-00969.DOC) Auto-classification: Denied

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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