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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