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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