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AF | BCMR | CY2005 | BC-2004-03774
Original file (BC-2004-03774.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03774
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 JUN 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His knee conditions were the result of gradual  deterioration  from  working
continuously on concrete ramps (on the  flightline).   He  was  in  two  war
ready organizations that required speed and that he always be on alert.   He
was assigned to a special bomb detachment at Bitberg AB,  GE  and  the  29th
Fighter Interceptor Squadron at Malstrom AFB, MT.  While in  the  Air  Force
he had to stop working on numerous occasions because of his sore knees.

In support of his request, applicant provided documentation  extracted  form
his medical records.  His  complete  submission,  with  attachments,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant having served in the U.S. Navy, Navy  Reserve,  and  Air  National
Guard, contracted his initial enlistment in the Regular Air Force on  7  Jan
53.  He was progressively promoted to the grade of master  sergeant,  having
assumed that grade effective and with a date  of  rank  of  1  Dec  68.   He
voluntarily retired from the Air Force  on  30  Nov  70,  having  served  22
years, 9 months, and 17 days on active duty.

Current Department of Veterans Affairs  (DVA)  records  reflect  a  combined
compensable  rating  of  90%,  with  individual  unemployability   for   his
unfitting conditions.

His CRSC application was partially approved on 2 Jul  04.   He  was  granted
CRSC for his hearing impairment but his  knee  conditions  were  disapproved
based upon the fact  that  the  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 he suffered an injury to his right knee on  19  Apr  59
when exiting a truck at his home.   This  event  is  not  considered  combat
related.  No evidence can be found in his records to  show  he  injured  his
left knee in a combat related incident during his  military  career.   While
working on a hard flightline  surface  may  have  contributed  to  his  knee
conditions, this is not considered to  be  a  combat  related  event,  which
would warrant approval of  CRSC.   Further,  no  evidence  was  provided  to
indicate the  working  conditions  on  the  flightline  contributed  to  his
disabilities.

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  4  Feb
05 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-
03774 in Executive Session on 25 Apr 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 2 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 1 Feb 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Feb 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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