RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01667
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 Nov 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His DD Form 214 be corrected by adding the Purple Heart Medal.
2. His service-connected medical conditions, loss of both feet,
dermatophytosis, and back strain, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has a Purple Heart and should be entitled to CRSC. His loss of both
feet are due to frozen feet in Korea and his dermatophytosis is due to the
frozen feet. His back strain is due to shrapnel wounds sustained in combat
in Korea.
In support of his request, applicant provided a personal statement, a
document extracted from his Department of Veterans' Affairs (DVA) medical
records, his DD Form 214, and a Statement of Military Awards and Data. His
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was inducted into the Army of the United States on 26 Oct 50. He
was released from active duty on 31 Jul 52 and transferred to the Army
Reserves. On 25 Sep 52, he contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of staff
sergeant, having assumed that grade effective and with a date of rank of 1
Jun 61. He voluntary retired from the Air Force on 31 Oct 71, having
served 20 years, 11 months, and 7 days on active duty.
Applicant's DD Form 214, issued for the period of service from 26 Oct 50
through 31 Jul 52, reflects that he was awarded the Purple Heart for
injuries to his right shoulder received in October 1951.
Available DVA records reflect a combined compensable rating of 100% for his
unfitting conditions.
His CRSC application was disapproved on 28 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. His records do not show, while in service, a combat-related event
or events that were the direct cause of his disabilities. DVA files show
his loss of both feet were the result of a stroke. He started having
athlete's feet in May 1950. His records do not state his dermatophytosis
is a result of frozen feet in Korea. Evidence in the DVA files states
"Scar suffered in a SFW of the right shoulder in 1951, causing clinically
no impairment of function as such." This clearly states there is no direct
cause between his Purple Heart injury to his right shoulder and his back
strain.
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 16 Jul
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. Furthermore, since the applicant's DD Form 214, issued
for his period of service from 26 Oct 50 through 31 Jul 52, reflects that
he was awarded the Purple Heart, action on that portion of his request is
not warranted. Accordingly, 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-
01667 in Executive Session on 1 Jun 05, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Christopher Carey, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 9 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 04.
THOMAS S. MARKIEWICZ
Chair
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