RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01008
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 30 SEP 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, knee condition, be assessed as
combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He initially injured his knee in 1963 during training for combat
preparedness at Officer Training School (OTS). While serving in Vietnam he
reinjured his knee in 1964. While escorting small arms ammo, sniper fire
forced him to evacuate the truck in a hurry and he reinjured his knee in
the process.
In support of his request, applicant provided documentation associated with
his CRSC application and documents extracted from his medical records. His
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military service records are not available. Therefore, his
service data cannot be verified. Data extracted from the personnel data
system reflects that he retired from the Air Force on 31 May 83, in the
grade of major, after serving 20 years and 24 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 2 Mar 04 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states his service and DVA medical
records show his knee condition is not combat related. His first knee
injury occurred on the confidence course during OTS. A confidence course
can only be considered combat related if the training involves specific
combat skills such as hand-to-hand combat training and/or escape and
evasion training. Routine physical training and confidence obstacle
courses do not qualify for CRSC. There is no corroborating documentation
of the incident in Vietnam that he described in his application.
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 25 Jun
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.
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 issue 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-
01008 in Executive Session on 25 Apr 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James W. Russell III, Member
Mr. Christopher D. Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Mar 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.
THOMAS S. MARKIEWICZ
Chair
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