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AF | BCMR | CY2005 | BC-2004-02897
Original file (BC-2004-02897.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02897
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 Mar 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions be assessed as  combat  related  in
order  to  qualify  for  compensation  under  the  Combat  Related   Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His memory loss is the result of an incident in which he was knocked to  the
ground by a blast from an aircraft while his organization was  preparing  to
go to war.

In support of his request, applicant provided documentation  extracted  from
his medical records.  His  complete  submission,  with  attachments,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Regular Army from 30 Jun 61 through 9  Jul  66.   He
contracted his initial enlistment in the Regular Air Force on 7 Dec 66.   He
was progressively promoted  to  the  grade  of  technical  sergeant,  having
assumed that grade effective and with a date  of  rank  of  1  Mar  72.   He
served as a Personnel Technician and a Financial Management Supervisor.   He
voluntarily retired from the Air Force on 30 Nov 81, having served 20  years
and 4 days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable rating of 100% for his unfitting conditions.

His CRSC application was disapproved on 6 Jul 04 based upon  the  fact  that
his 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  service  connected  medical  conditions  are  not
combat related.  He is claiming CRSC for memory loss, a disability  that  is
not rated by the DVA.  Conditions not  recognized  by  the  DVA  as  service
connected cannot be considered eligible for CRSC.  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 22  Oct
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.

_________________________________________________________________

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-
02897 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 13 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 21 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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