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AF | BCMR | CY2005 | BC-2004-03134
Original file (BC-2004-03134.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03134
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 APR 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  service-connected  medical  conditions,  hip  prosthesis,  degenerative
arthritis of  the  spine,  and  degenerative  arthritis  of  the  knees,  be
assessed as combat related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

All  of  his  disabilities  were  incurred  because  of  the  strenuous  and
demanding physical training he underwent while on active duty  during  WWII.
The Department of Veterans Affairs  (DVA)  granted  his  conditions  service
connection because of the documentation in his service medical records.

In support of his request, applicant provided documentation associated  with
his CRSC application and documentation extracted from his DVA records.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Army of the United States from 12 Aug 42 through  25
Aug 42. He enlisted in the Air Force Reserves on 9 Feb 51  and  enlisted  in
the Regular Air Force on 7 Dec 53.  He was  progressively  promoted  to  the
grade of senior master sergeant, having assumed  that  grade  effective  and
with a date of rank of 1 Apr 67.  He served  as  a  Supply  Specialist.   He
voluntarily retired from the Air Force  on  31  May  71,  having  served  23
years, 10 months, and 29 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 24 Sep 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  hip  prosthesis,  degenerative  arthritis  of  the
spine, and degenerative arthritis of the knees are not combat related.   His
records show he injured his back while bowling.  His right  knee  disability
is documented in March 1967 but no mention of the history of the  injury  is
made.  His left knee injury is documented in his records dated January  1954
and it states he injured his left knee in 1936 prior to  entry  onto  active
duty.  His bilateral hip anthroplasty is attributable to his bilateral  knee
arthritis as stated in the DVA ratings and determination letter.

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 29  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 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-
03134 in Executive Session on 7 Sep 05, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James W. Russell III, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 13 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Dec 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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