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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