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AF | BCMR | CY2005 | BC-2004-02290
Original file (BC-2004-02290.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02290
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 25 Jan 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, injury to  right  toe,  heel,  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 right heel was injured jumping off a C-141 in a combat related event  in
Grenada in 1983.  His left knee was injured jumping out of a  helicopter  in
a combat related event during Operation Provide Comfort, in Turkey in 1993.

In support of his request, applicant provided documentation associated  with
his CRSC application, documents extracted from his medical records, and  two
Officer Effectiveness/Performance Reports.  His  complete  submission,  with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted  in  the  Regular  Air  Force  on  14  Jan  77.   He  was
discharged on 14 Feb 83 and appointed a second lieutenant,  Reserve  of  the
Air Force on 15 Feb 83.  He was  progressively  promoted  to  the  grade  of
major, having assumed that grade effective and with a date of rank of 6  Feb
95.  He served as an Aircraft Maintenance and Munitions  Officer  and  as  a
Logistics Plans Officer.  On 31 Jan 00, he voluntarily retired for years  of
service.  He served 23 years and 17 days on active duty

His  CRSC  application  was  approved  for  tinnitus,  rated  at  10%.   His
remaining conditions were disapproved based upon the fact that the  service-
connected medical conditions were 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 injury to right toe, heel, and knee condition,  are
not combat related.  His records do show entries for the stated  conditions,
but are silent for any cause of the injuries.   There  is  no  corroborating
documentation of the incidents he described  or  any  injuries  suffered  in
those incidents.  His records repeatedly refer  to  his  knee  condition  as
chronic and an entry dated 29 Dec 98 states, "history of  right  foot  pain.
He denies any trauma or increase in exertional activities lately."   Without
corroboration, his request cannot be approved.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

At the time of both of the events in which he was injured,  his  units  were
operating  under  cover  of  darkness  and  under  a  very   high   security
classification.  He elected not to reveal this to the  DVA  medical  officer
at the time of his service  retirement  physical  because  of  the  security
issue.  That is why there is no mention of any  of  these  injuries  in  his
medical 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
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-
02290 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 3 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 19 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04.
    Exhibit E.  Letter, Applicant, dated 5 Nov 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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