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AF | BCMR | CY2005 | BC-2004-02245
Original file (BC-2004-02245.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02245
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 Jan 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  conditions,  knee  prosthesis  (both  knees),
Post Traumatic  Stress  Disorder  (PTSD),  duodenal  ulcer,  prostate  gland
condition, bursitis, and fracture of right  tibia,  be  assessed  as  combat
related in order to  qualify  for  compensation  under  the  Combat  Related
Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His right tibia was fractured on a parachute landing in  direct  support  of
combat against North Korean troops.  His knees  were  replaced  due  to  the
trauma.

In support of his request, applicant provided documentation  extracted  from
his Department of Veterans' Affairs (DVA)  medical  records.   His  complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Regular Army from 6 Sep 50 through 8 Sep 53  and  in
the Marine Corps from 21 Jan  54  through  1  Nov  55.   He  contracted  his
initial  enlistment  in  the  Regular  Air  Force  on  2 Nov  55.   He   was
progressively promoted to the grade of technical  sergeant,  having  assumed
that grade effective and with a date of rank of 1  Jun  66.   He  served  in
Korea from 29 Apr 52 through 2 Jan 53.  He voluntarily retired from the  Air
Force on 30 Nov 72, having served 21  years,  10  months,  and  13  days  on
active duty.

Available DVA records reflect a combined compensable rating of 80%  for  his
unfitting conditions.

His CRSC application was disapproved on 19 Apr 04 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.  On 10 Aug 04, his request was reevaluated  and  was  approved  for
PTSD, rated at  50%;  and  fracture  of  right  tibia,  rated  at  0%.   His
remaining conditions were disapproved.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his knee prosthesis,  duodenal  ulcer,  prostate  gland
condition, and bursitis are not combat related.  There is  no  documentation
in records that shows these  conditions  are  the  direct  result  of  armed
conflict or hazardous service, rather than routine causes or his  particular
physical makeup.  He stated he injured his knees during parachute  jumps  in
hostile territory.  There is no documentation of the incidents he  described
or any injuries suffered in those incidents other than the injury  while  in
Japan to his right tibia.

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 13  Aug
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.

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 issue  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-
02245 in Executive Session on 26 Jul 05, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James W. Russell III, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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