RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03925
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 26 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

The effective date of compensation for his approved conditions be changed  1
Jan 04 to 23 Jun 03.

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APPLICANT CONTENDS THAT:

His arthritis of the hips claim was actually a  claim  for  bilateral  total
hips with arthritis.  This condition was incurred on bombing  missions  over
Germany during World  War  II.   His  electric  flight  suit  malfunctioned,
causing his lower extremities to become very cold during four high  altitude
missions.

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 an enlisted status from 13 Mar 42 to 4 Feb 44.   He  was
appointed a second lieutenant, Reserve of the Air Force on  5  Feb  44.   He
was progressively promoted  to  the  grade  of  lieutenant  colonel,  having
assumed that grade on 17 Sep 67.  On 31 Oct 70, he voluntarily  retired  for
years of service.  He served 28 years, 7 months, and 18 days on active duty

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 60% for his unfitting conditions.

His CRSC application was approved for tinnitus and impaired  hearing,  rated
at 10%.  His arthritis and degenerative  arthritis  were  disapproved  based
upon the fact that the service-connected medical conditions were  determined
not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states no documentation was  provided  in
his initial application or in the current request to support  his  claim  or
to indicate he suffered from this condition  during  his  military  service.
Several references throughout his medical records  indicate  he  claimed  no
physical ailments of this kind.  A review of his  service  and  DVA  medical
records show  his  arthritis  and  degenerative  arthritis  are  not  combat
related.  His records do not show, while in service, a combat-related  event
or events that were the direct cause of his disability.

DPPD states the effective date of the partially approved  CRSC  request  was
based on current legislation that establishes the  earliest  effective  date
for ratings of less that 60% as of 1 Jan 04, or the effective  date  of  DVA
compensation payment,  whichever  is  later.   The  DPPD  evaluation  is  at
Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and reiterated that  his  degenerative  arthritis  began
during high altitude bombing missions during World War II when his  electric
heated flight suit became inoperative and his legs  became  extremely  cold.
Flight surgeons after the arthritis began advised him that the extreme  cold
and flying at high altitudes could have caused the  arthritis.   Since  this
was a progressive condition he was treated only at sick call and not in  the
hospital.  It was not practical to obtain sick call reports  from  the  many
hospitals he received treatment.  The report insinuated he may have had  the
condition prior to coming into service, but he doubts  he  would  have  been
accepted as a flying cadet with the condition.  The  degenerative  arthritis
became increasingly severe throughout the years, resulting in  complete  hip
replacement, both hips.  The DVA  has  rated  him  at  100%  disabled.   His
complete response, with attachments, is at Exhibit E.

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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.  With respect to his request that the effective date  of
his approved CRSC  claim  be  changed,  we  find  no  evidence  which  would
substantiate the established effective date  is  erroneous.   Therefore,  we
agree with the opinions 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.

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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-
03925 in Executive Session on 15 Dec 05, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 10 Jan 05, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 05.
    Exhibit E.  Letter, Applicant, dated 10 Feb 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair