RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03044
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 Apr 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, rheumatoid arthritis, be assessed
as combat related in order to qualify for compensation under the Combat
Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His problems began in Southeast Asia while in direct support of the combat
zone.
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
Apr 58. He was progressively promoted to the grade of master sergeant,
having assumed that grade effective and with a date of rank of 1 May 77.
He served as an Administrative Technician and an Education and Training
Superintendent. He voluntarily retired from the Air Force on 30 Apr 79,
having served 21 years and 29 days on active duty.
His CRSC application was disapproved on 12 Aug 03 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 the applicant believes the
unheated tents with screened walls provided no protection from the cold and
chill and allowed rain to blow into the barracks, preventing them from
staying dry. A review of his medical records reveals it is apparent he
received extensive treatment for his arthritic condition beginning in early
1974; however, nothing relates his disability to a combat related event or
injury. He believes his joint pain began during his service in Thailand
and it originated in a combat zone. However, the fact that a member
incurred a disability during a period of war or an area of armed conflict
or while participating in combat operations is not sufficient to support a
combat related determination. There must be a definitive causal
relationship between the armed conflict and the resulting disability. No
evidence was provided to indicate his service in Thailand was the direct
cause of his disability. When considering chronic conditions such as
rheumatoid arthritis it is difficult to determine that armed conflict,
hazardous service, instrumentality of war, or simulating war was the
definitive cause. Clear documentation must be provided to indicate the
condition was caused by a combat related factor rather than from routine
causes of the individual's physical make-up.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Even though it may not show in the medical records, the facts are that his
arthritis started either in Thailand which was directly related to the war
in Vietnam or immediately after his rotation in 1967. Under CRSC the
disability does not to be directly from combat but from serving in a
hazardous area related to the combat zone. While in Thailand he was
restricted to a radius of 25 kilometers from the base if not flying in or
out. He believes the living conditions he had to endure was the major
factor in the onset. He feels he should not be held responsible for the
errors in the doctor's notations in what is incomplete records. He had no
control over what was entered in his records.
His complete response 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
condition the applicant believes is combat-related was 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, does 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-
03044 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 8 Sep 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 20 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
Exhibit E. Letter, Applicant, dated 10 Aug 05.
Exhibit F. Letter, SAF/MRBC, dated 29 Apr 05.
THOMAS S. MARKIEWICZ
Chair
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