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AF | BCMR | CY2005 | BC-2004-01776
Original file (BC-2004-01776.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01776
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  7 Dec 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, rheumatoid arthritis,  be  assessed
as combat related in order to qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His disability is the result of participating in war  games/practice  alerts
in 1978 while stationed in Ankara, Turkey.

In support of his request,  applicant  provided  a  personal  statement  and
documentation  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  14
Feb 55.  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 76.  He served as a Medical  Administration  Specialist.   He  voluntary
retired from the Air Force on 28 Feb 83, having served 28 years and 15  days
on active duty.

His CRSC application was disapproved on 4 Nov 93 based upon  the  fact  that
his service-connected medical condition was 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 rheumatiod arthritis is not combat related.   There
is no medical documentation from while in service  or  in  his  DVA  ratings
decisions that specifically state  his  medical  condition  was  the  direct
result of the incidents he described.  His service medical record  dated  24
Feb 78, states specifically that his history  of  arthritis  is  of  unknown
etiology

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the Turkish physician  who  he  first  saw  after  the
onset of his condition stated he did not know the cause  of  his  condition.
A short time later he was sent to a regional hospital in  Adana  Turkey  and
military physicians, after a series of tests diagnosed rheumatic  fever  and
rheumatic arthritis.  The entries in his medical records did not  state  his
condition was caused by participating in  war  games/practice  alerts.   Not
approving his application  because  the  physicians  did  not  make  medical
record entries would be a gross miscarriage of justice.

His complete response is at Exhibit E.

_________________________________________________________________

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
condition the applicant believes is combat-related was 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, does  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 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.

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-
01776 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 26 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, Applicant, dated 8 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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