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 Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His record are apparently in error and do not show that he was pinned
against a wall by a military fire truck in March 1971. His CRSC denial
letter indicates it was a car/pedestrian accident.
In support of his request, applicant provided documentation associated with
his CRSC application. His complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 21 Sep 62. He was progressively promoted
to the grade of colonel, having assumed that grade effective and with a
date of rank of 1 Jan 84. He served as a pilot, navigator, and electronic
warfare officer. On 31 Jan 92, he voluntarily retired for years of
service. He served 29 years, 4 months, and 10 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 16 Apr 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 a review of his service and DVA
medical records show his degenerative arthritis and impairment of femur are
not combat related. A military fire truck is not an instrument of war and
his injury is not combat related. His conditions do not meet the criteria
for compensation under 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 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-
01348 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 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 22 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
THOMAS S. MARKIEWICZ
Chair
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