RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02490
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 Feb 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, knee prosthesis, degenerative
arthritis and hip prosthesis, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injuries are the result of his training as a Security Policeman, which
prepared him for war. During that time he received judo and combat
infantry training.
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 4
Mar 52. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 May 71.
He served as an Air Policeman and a Training Manager. He voluntarily
retired from the Air Force on 30 Jun 73, having served 21 years, 3 months,
and 27 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 6 Jul 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 knee prosthesis, degenerative arthritis and hip
prosthesis are not combat related. His records reflect that in 1973 he
told the doctor that he had a 10-year history of pain in both knees but
that he was never treated. Determinations for CRSC cannot be based on
statements but must be made on the basis of documentary information in the
records.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant wonders what is so unusual about not seeing a doctor for one's
injuries. Throughout his childhood he was not treated by doctors for many
illnesses and injuries he incurred. His career proved his worth by risking
life and limb to defend America. He lists a number of incidents through
out his career that he believes contributed to his conditions and states
his military duties are causal factors of his conditions. He trained to
prepare himself for war and received commendations and medals.
His complete response is at Exhibit A.
_________________________________________________________________
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-
02490 in Executive Session on 13 Oct 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 6 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 22 Oct 04.
Exhibit E. Letter, Applicant, dated 31 Oct 04.
THOMAS S. MARKIEWICZ
Chair
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