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AF | BCMR | CY2005 | BC-2004-02061
Original file (BC-2004-02061.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02061
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 3 Jan 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected  medical  conditions,  limited  motion  of  arm  (left
shoulder), traumatic arthritis (right wrist), degenerative  arthritis  (left
wrist), and knee condition  be  assessed  as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injuries were incurred while using an M-10 combat Bomb  Loader  to  move
explosives for shipment to Vietnam.   The loader  malfunctioned  and  pinned
him against the storage building.

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 contracted his initial enlistment in the Regular Air Force  on  23
Jul 52.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Mar  68.
He voluntarily retired from the Air Force on 31 Jul  72,  having  served  20
years and 8 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 60% for his unfitting conditions.

His CRSC application was disapproved on 22 Mar 04 based upon the  fact  that
evidence provided did not  show  his  service-connected  medical  conditions
were  combat-related.   On  22  Jul  04,  his  request  was   approved   for
degenerative arthritis, lumbosacral spine, rated at 40%; and limited  motion
in cervical spine, rated at 10%.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his limited motion of arm  (left  shoulder),  traumatic
arthritis (right wrist),  degenerative  arthritis  (left  wrist),  and  knee
condition are not  combat  related.   His  records  do  not  show  that  the
accident  involving  a  bomb  loader  was  the   direct   cause   of   these
disabilities.

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 30  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
conditions the applicant believes are combat-related were  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,  do  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-
02061 in Executive Session on 26 Jul 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 23 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04, w/atch.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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