Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-01069
Original file (BC-2004-01069.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01069
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  conditions,  neurotic  respiratory  disorder,
degenerative arthritis, and hiatal hernia, be assessed as combat related  in
order  to  qualify  for  compensation  under  the  Combat  Related   Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His disabilities were caused during his time  as  a  B-17  and  B-25  gunner
during World War II and the Korean Conflict.   His  disabilities  have  been
determined service connected and rated at 60% by the Department of  Veterans
Affairs (DVA).

In support of his request, applicant provided copies of DD  Forms  214,  and
documentation  extracted  from  his  DVA  medical  records.   His   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Army of the United  States  (AUS)  on  22 Feb  44.
After serving in the  AUS  and  Army  Reserves  he  contracted  his  initial
enlistment in the Regular Air Force on  12 Jul  49.   He  was  progressively
promoted to the grade of chief master sergeant, having  assumed  that  grade
effective and with a date of rank of 1 Jun 60.  He  voluntary  retired  from
the Air Force on 31 Aug 75, having served 30 years, 1 month, and 22 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 23 Mar 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    service-connected
disabilities are not combat related.  His service medical  records  and  DVA
records do not show, while in service, a combat related event that  was  the
direct cause of his disabilities.

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  1  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
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.

_________________________________________________________________

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-
01069 in Executive Session on 6 Apr 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 26 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 23 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Ju1 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-01134

    Original file (BC-2004-01134.DOC) Auto-classification: Denied

    He served 28 years and 13 days on active duty Current DVA records reflect a combined compensable rating of 60% for his unfitting conditions. DPPD states a review of his service and DVA medical records show his paralysis of the ulnar nerve is not combat related. 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.

  • AF | BCMR | CY2004 | BC-2003-03103

    Original file (BC-2003-03103.DOC) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPD recommends denial. The fact that a member may incur a medical condition during a period of war or while performing combat operations is not sufficient evidence to support a combat-related determination. Exhibit C. Letter, AFPC/DPPD, dated 20 Jan 04.

  • AF | BCMR | CY2005 | BC-2004-01130

    Original file (BC-2004-01130.DOC) Auto-classification: Denied

    On 5 Sep 86, the Formal PEB (FPEB) found him unfit for duty with a diagnosis of coronary artery disease and hypercalciuric nephrolithiasis and recommended he be placed on the TDRL with a compensable percentage of 100%. There is little doubt his service connected medical conditions occurred while in service performing duties related to his Air Force specialty. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR...

  • AF | BCMR | CY2005 | BC-2004-01237

    Original file (BC-2004-01237.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01237 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis (cervical) and degenerative arthritis (left and right shoulder), be assessed as combat related in order to qualify for compensation under the Combat Related Special...

  • AF | BCMR | CY2004 | BC-2003-02820

    Original file (BC-2003-02820.doc) Auto-classification: Denied

    On 5 May 94, the Air Force PEB recommended that the applicant be permanently retired with a combined disability rating of 30%. Current Department of Veterans Affairs (DVA) records reflect a combined compensable disability rating of 100% percent for his unfitting conditions, which includes a rating of 20% for type II diabetes mellitus. At the time of his CRSC application, a 60% rating for the combat-related disability was required.

  • AF | BCMR | CY2005 | BC-2004-00767

    Original file (BC-2004-00767.DOC) Auto-classification: Denied

    In support of his request, applicant provided a personal statement, his CRSC denial letter, and documents extracted from his medical and flight records. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states the definite causal relationship can be found in the fact that his injury would not have occurred if he was not a crewmember, performing official duties, during ongoing combat...

  • AF | BCMR | CY2005 | BC-2004-01845

    Original file (BC-2004-01845.DOC) Auto-classification: Denied

    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. Exhibit C. Letter, AFPC/DPPD, dated 14 Jul 04. Exhibit D. Letter, SAF/MRBR, dated 23 Jul 04.

  • AF | BCMR | CY2005 | BC-2004-01241

    Original file (BC-2004-01241.DOC) Auto-classification: Denied

    On 17 Jun 87, the Air Force PEB recommended he be permanently retired from the Air Force with a combined disability rating of 40%. His records show documented evidence that he had complained of back pain as early as 1963, two years prior to being in Thailand. The DPPD evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reiterates his account of the incident in which he was injured, provides...

  • AF | BCMR | CY2005 | BC-2004-01218

    Original file (BC-2004-01218.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01218 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: Not Indicated _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical condition, anxiety disorder and sinusitis, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act. ...

  • AF | BCMR | CY2005 | BC-2004-01348

    Original file (BC-2004-01348.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01348 INDEX CODE: 108.07 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 Nov 05 _________________________________________________________________ APPLICANT REQUESTS THAT: His service-connected medical conditions, degenerative arthritis and impairment of femur, be assessed as combat related in order to qualify for compensation under the Combat Related Special...