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AF | BCMR | CY2005 | BC-2005-00235
Original file (BC-2005-00235.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00235
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 JUL 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injuries were incurred  while  performing  his  duties  as  a  Munitions
Specialist on the flightline, during combat operations.  While  transporting
ammunition to an F-86 aircraft as Suwon AB,  Korea  in  1952/1953,  he  fell
from the back of a truck with a full box of 50  caliber  ammunition  causing
severe injury to his back and knees.  He  reported  to  the  medic  and  was
advised to remain in bed to allow the swelling to recede.  Upon  his  return
to the states he reported  to  the  medical  facility  and  was  advised  to
exercise for his condition.  The Department of Veterans' Affairs  (DVA)  has
awarded him service connection for his injuries.

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 entered active duty on 1 Feb 52.  He  was  progressively  promoted
to the grade of senior master sergeant, having assumed that grade  effective
and with a date of rank of 1 Oct 71.  He served in  the  Republic  of  Korea
from 1 Jul 52 through 19 Jun 53.  He voluntarily retired from the Air  Force
on 31 Aug 74, having served 22 years and 7 months on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 40% for his unfitting conditions.

His CRSC application was disapproved on 17 Nov 03 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.  His application was reviewed a  second  time  in  response  to  an
inquiry submitted through his Congressman and again denied.   His  tinnitus,
rated at 10%; and hearing loss, rated at 0%, were subsequently approved.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show conflicting information  regarding  the  incident.   An
entry dated 7 Aug 53, states he complained of  trouble  with  his  back  and
knees and the "injury occurred as  a  result  of  doing  calisthenics."   An
entry dated 13 Aug 53, indicates the patient told the medical provider  "the
only  possible  trauma  to  knees  could  have  been  4  months  ago  during
calisthenics."  During a consultation  for  his  right  knee  the  referring
doctor thought the x-ray showed an old  fracture;  however,  the  consulting
medical provider doubted there had been an old fracture.  Other evidence  is
vague until his DVA compensation exam dated 7 Oct  02,  which  mentions  the
injury resulted from a fall off a truck in 1952 in Korea.

Falling off a truck while performing routine duties is not  combat  related.
Evidence must be provided to indicate  the  fall  was  caused  by  a  combat
related factor such as shock from a bomb blast, rather than human  error  or
some non-combat related event such as slipping on a wet surface.

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 18  Mar
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 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.

_________________________________________________________________

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-2005-
00235 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 22 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 6 Feb 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 23 Feb 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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