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AF | BCMR | CY2005 | BC-2004-03565
Original file (BC-2004-03565.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03565
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  22 May 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

A recent study  performed  by  the  Mayo  Clinic  found  that  environmental
conditions could possibly cause some arthritis.  The conditions he  suffered
during WWII in France, sleeping in the snow and on the  cold  ground,  could
very well be the cause of his conditions.

In support of his request,  applicant  provided  a  personal  statement  and
documentation  associated  with  his   CRSC   application.    His   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Regular Army and  Army  Air  Force  from  10 Jun  36
through 2 Oct 45.  He contracted his initial enlistment in the  Regular  Air
Force on 29 Jun 46.  He was progressively promoted to the  grade  of  master
sergeant, having assumed that grade effective and with a date of rank of  12
Apr 51.  He voluntarily retired from the Air Force  on  31  Jul  59,  having
served 21 years, 6 months, and 21 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 100% for his unfitting conditions.

His CRSC application was disapproved on 8 Jun 04 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 a review of his  service  and  DVA
medical records show his degenerative arthritis and knee condition  are  not
combat related.  His records show his degenerative arthritis is  due  to  an
unknown cause.  His records show he injured his left knee  playing  baseball
in 1936/7.  Playing baseball is not a combat related activity.  There is  no
connection between the applicant's Purple Heart and his disabilities.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 Dec 04, applicant requested his case file be withdrawn  for  a  period
of 90 days in order to gather data and prepare a response to the  Air  Force
evaluation.  As of this date, this office has received no response.  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-
03565 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 12 Nov 04 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, dated 31 Dec 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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