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AF | BCMR | CY2005 | BC-2004-03044
Original file (BC-2004-03044.DOC) Auto-classification: Denied

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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