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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 Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was under constant pressure to make the aircraft  fully  mission  capable
and was not provided safety devices such as belts and tie-off  straps.   His
injuries were received in a fall  from  an  aircraft  while  evaluating  the
aircraft for battle damage.

In support of his request, applicant provided documents associated with  his
CRSC application.  His complete submission, with attachments, is at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  22
Sep 54.  He was  progressively  promoted  to  the  grade  of  senior  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Apr 78.  He served as an  Aircraft  Fabrication  Specialist.   He  voluntary
retired from the Air Force on 30 Sep 80, having served 21 years,  3  months,
and 28 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 7 Apr 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.  AFPC/DPPD recommends denial.  DPPD states  his
service and DVA medical records show his  degenerative  arthritis'  are  not
combat related.  The fact that a disability was incurred in a  war  zone  is
not sufficient to support a combat related determination  without  a  direct
relationship  between  the  combat  activity  and  the  injuries.   Aircraft
maintenance is not a combat  activity.   In  addition,  accidents  involving
falling off an aircraft, when  the  fall  is  not  caused  by  the  aircraft
itself, is not considered eligible for CRSC.

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
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 it's 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 issues 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-
01237 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 12 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 18 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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