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AF | BCMR | CY2005 | BC-2004-03537
Original file (BC-2004-03537.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03537
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  19 May 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions,  shoulder  condition  and  limited
motion of arm, be assessed  as  combat  related  in  order  to  qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He served initially as a security specialist.  He received  combat  training
and weapons training.  He also received Air  Base  Ground  Defense  training
prior to his selection to attend the Air Force Academy.  During  his  career
he was deployed  on  numerous  deployments  and  to  participate  in  combat
exercises.  He trained and prepared troops in ABGD during those  deployments
and exercises.  By the time he reached retirement eligibility  he  could  no
longer do the physical duties of his job.  He thought  he  would  receive  a
disability retirement but  was  referred  to  the  Department  of  Veterans'
Affairs (DVA) for treatment.  His conditions are getting worse  as  he  gets
older.  This is not due to his age but because his body is  unable  to  mend
what he incurred  while  on  active  duty  in  his  various  combat  related
positions.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  28
Nov 75.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Sep  94.
He served as a Security Policeman.  He  voluntarily  retired  from  the  Air
Force on 31 Dec 96, having served 21 years, 1 month, and 3  days  on  active
duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 30% for his unfitting conditions.

His CRSC application was disapproved on 19 Apr 04 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.  His request was subsequently approved for tinnitus, rated at 10%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his shoulder condition and limited motion  of  arm  are
not combat related.  He claims his injuries are the result of heavy  lifting
while loading heavy weapons, setting up defensive positions and  setting  up
missiles for launch.  Injuries sustained by lifting, where the injuries  not
caused by the device itself are not considered to be eligible for CRSC.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he first injured his shoulder  while  participating  in  an
ABGD training deployment.  He was taught that getting the job done was  more
important than worrying about how much one can lift by regulations.  He  was
told to make a choice between correcting the problem or  facing  a  possible
discharge.  During his ABGD deployments he always put duty before self.   To
get his job done required lifting an enormous amount of  weight.   Over  the
counter drugs were  taken  in  order  to  remain  active  on  the  Personnel
Reliability Program (PRP) and deployment lists.  A  review  of  his  medical
records will show a  multitude  of  medical  conditions  that  are  service-
connected even though he never pushed them with the DVA.

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
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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
03537 in Executive Session on 12 Oct 05, under the  provisions  of  AFI  36-
2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Oct 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Dec 04.
    Exhibit E.  Letter, Applicant, not dated.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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