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AF | BCMR | CY2005 | BC-2004-01976
Original file (BC-2004-01976.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01976
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  25 Dec 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His condition was incurred while he was stationed at Ton Son  Nut  Air  Base
in Vietnam during the time of Agent Orange exposure.   He  was  treated  for
the problem while in Vietnam and treatment continued  when  he  returned  to
the states.

In support of his request, applicant provided documentation associated  with
his CRSC application and documentation  extracted  from  his  Department  of
Veterans' Affairs records.  His complete submission,  with  attachments,  is
at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  26
Apr 52.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jun  67.
He  served  as  an  Aerospace  Ground  Equipment  Repair   Technician.    He
voluntarily retired from the Air Force  on  31  Jul  72,  having  served  20
years, 3 months, and 5 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 25 May 04 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 bursitis of shoulders is not combat  related.   His
records do not show this condition is the direct result of  armed  conflict,
hazardous service, instrumentality of war,  or  conditions  simulating  war,
rather  than  from  routine  causes/exposures  or  his  particular  physical
makeup.  Bursitis is currently not considered a  presumptive  condition  for
Agent Orange.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  responded,  reiterated  his  previous  contentions  and  provided
documents extracted from his  personnel  records.   His  complete  response,
with attachments, 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-
01976 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 June 2004, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 15 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 04.
    Exhibit E.  Letter, Applicant, not dated, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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