RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02817
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 15 Mar 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, shoulder prosthesis,
hypertension, degenerative arthritis, limited flexion of knee, and limited
motion of arm, be assessed as combat related in order to qualify for
compensation under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His conditions are the result of heavy lifting, exposure to hazardous
chemicals, constant live and simulated war conditions, and the stress of
responding to all types of emergencies over 21 years.
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 2
Sep 64. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 Aug 80.
He served as a Fire Protection Supervisor. He voluntarily retired from the
Air Force on 31 Aug 85, having served 20 years, 11 months, and 29 days on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for his unfitting conditions.
His CRSC application was disapproved on 29 Dec 03 based upon the fact that
his service-connected medical conditions were determined not to be combat-
related. His request was subsequently approved for his diabetes mellitus,
erectile dysfunction, peripheral neuropathies of the upper extremities, and
peripheral neuropathies of the lower extremities. His ratings have not
been assessed since the DVA has not completely finalized his claim.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records show no evidence his shoulder prosthesis, hypertension,
degenerative arthritis, limited flexion of knee, and limited motion of arm
are the result of combat related events. To qualify, hypertension must be
secondary to Agent Orange contracted diabetes or presumptive to POW
internment and so stated in the applicable rating decision. 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 17 Dec
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 opinions 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 issues 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-
02817 in Executive Session on 15 Dec 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 4 Sep 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 8 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 17 Dec 04.
THOMAS S. MARKIEWICZ
Chair
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