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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