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AF | BCMR | CY2005 | BC-2004-01380
Original file (BC-2004-01380.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01380
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE:  2 Nov 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions,  degenerative  arthritis,  limited
motion in cervical spine, knee  condition,  flat  foot  condition,  inguinal
hernia, and impaired hearing, be assessed as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injuries were incurred while supporting a war.  While assigned in  Japan
in 1953 as a Fuels specialist, he served in support of F-84s and  F-86s  out
of Korea.

In support of his request, applicant provided documentation associated  with
his  CRSC  application  and  a  Letter  of   Appreciation.    His   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the  Army  from  13  Nov  47  through  12  Nov  50.   He
contracted his initial enlistment in the Regular Air Force  on  13  Nov  50.
He was progressively promoted  to  the  grade  of  senior  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Oct  73.
He served as a Fuels  Specialist  and  a  First  Sergeant.   He  voluntarily
retired from the Air Force on 31 Aug 75, having served 27 years,  9  months,
and 18 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 1 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  service-connected  conditions  are  not  combat
related.  Being in support of a war effort is not considered to be a  combat
related activity.  His conditions do not meet  the  mandatory  criteria  for
compensation under the CRSC program.  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-
01380 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 22 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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