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AF | BCMR | CY2005 | BC-2004-01969
Original file (BC-2004-01969.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01969
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 Dec 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The post-op residuals left knee injury is a direct result of combat  on  the
Ho Chi Minh Trail in March 1969.

In support of his request, applicant provided documentation associated  with
his CRSC application an aircraft loss record, and witness  statements.   His
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted  in  the  Regular  Air  Force  on  12  Mar  54.   He  was
discharged on 14 Jun 55 and commissioned as a second lieutenant, Reserve  of
the Air Force on 15 Jun 55.  He was progressively promoted to the  grade  of
lieutenant colonel, having assumed that grade effective and with a  date  of
rank of 19 Sep 71.  He served as a pilot.  On  31  May  75,  he  voluntarily
retired for years of service.  He served 21 years, 2 months, and 19 days  on
active duty

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

His CRSC application was disapproved on 14 May 04 based upon the  fact  that
evidence was not provided to show that his injuries were the  direct  result
of hazardous service or Purple Heart injuries.  After subsequent  review  of
his files and additional documentation, his request for  CRSC  was  approved
for intervertebral disc  syndrome,  rated  at  40%;  paralysis  of  anterior
crural nerve, right lower extremity, rated at  20%;  paralysis  of  anterior
crural nerve, left lower extremity, rated at 20%; and lower  leg  condition,
rated at 10%.  His post-op residuals, right knee, was disapproved.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his post-op residuals, left knee, has  not  been  rated
by the DVA as service connected.  CRSC cannot be approved for  a  disability
that the DVA has not recognized as service connected.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided numerous responses to the Air Force evaluation.   In  his
responses  he  provided  additional  witness   statements   and   additional
documentation extracted from his medical records.  His  complete  responses,
with attachments, are appended 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 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-
01969 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 13 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 9 Sep 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.
    Exhibit E.  Letter, Applicant, dated 20 Sep 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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