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AF | BCMR | CY2005 | BC-2004-01008
Original file (BC-2004-01008.DOC) Auto-classification: Denied

                            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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