RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01725
INDEX CODE: 108.07
COUNSEL: American Legion
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 1 Dec 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, knee prosthesis and ankle injury,
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 in Korea in 1952 under combat conditions.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 7
Dec 50. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Jun 66.
He served as a Flight Engineer. He voluntary retired from the Air Force on
31 Dec 70, having served 20 years and 24 days on active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 90% for his unfitting conditions.
His CRSC application was approved for Post Traumatic Stress Disorder but
his knee prosthesis and ankle injury were disapproved based upon the fact
that those 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 and personnel files show his knee prosthesis and ankle
injury are not combat related. He stated in his original application that
both injuries occurred when he was running under fire and jumping into a
foxhole. His records show he twisted his ankle on 6 Aug 51 while jumping
across a ditch. The DVA has not rated him for his ankle injury. Claims
not rated by the DVA cannot be approved for CRSC. His records show a
puncture for aspiration of joint, right knee; however, the same records are
silent for any specific cause of the injury. His records do not show,
while in service, a combat-related event or events that were the direct
cause of his knee disability.
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 Jul
04 and to his counsel on 28 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 opinions and recommendations of the
Air Force offices of primary responsibility and adopt their 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-
01725 in Executive Session on 11 Jul 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 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 24 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 28 Jun 04.
THOMAS S. MARKIEWICZ
Chair
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