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AF | BCMR | CY2005 | BC-2004-01845
Original file (BC-2004-01845.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01845
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 Dec 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions.

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

STATEMENT OF FACTS:

Applicant after serving in the Enlisted Reserve Corps and Regular Army,  was
appointed a second lieutenant, Army of the United States on 6  Jan  42.   He
transferred to the Air Force Reserves on 9 Nov  48.   He  was  progressively
promoted to the Reserve grade of lieutenant colonel on 1 Jul 55.  On 31  Mar
63, he voluntarily retired for years of service.   He  served  23  years,  3
months, and 29 days on active duty

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 80% for his unfitting conditions.

His CRSC application was disapproved on 31 Dec 03 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.  His request was subsequently approved for impaired hearing,  rated
at 60%; and anxiety disorder, rated at 50%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his sinusitis is not combat related.   His  records  do
not show, while in service, a combat-related event or events that  were  the
direct cause of his 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 23  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
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 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-
01845 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 2 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 14 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Jul 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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