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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