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AF | BCMR | CY2005 | BC-2005-00508
Original file (BC-2005-00508.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00508
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 15 Aug 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, condition of the  skeletal  system
- both shoulders, spinal disc condition, limited extension  of  both  knees,
and impairment of toes on both feet, be assessed as combat related in  order
to qualify for compensation under the Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

All  of  his  conditions  were  incurred  during  the  preparation  for  war
exercises.  His injuries occurred during periods in  which  he  participated
in war games between 1981 and 1987.  He was not aware at the  time  that  he
had to inform the doctors his injuries happened while he  was  participating
in exercises.

In support of his request, applicant provided documentation associated  with
his CRSC application and AFI 10-210, Prime  Base  Engineer  Emergency  Force
(BEEF) Program.  His complete submission, with attachments,  is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  11
Mar 74.  He was progressively promoted to  the  grade  of  master  sergeant,
having assumed that grade effective and with a date of rank  of  1  Sep  90.
He served as an Aircraft Fuels Mechanic and an Environmental Craftsman.   He
voluntarily retired from the Air Force  on  31  Jul  97,  having  served  23
years, 4 months, and 20 days on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 70% for his unfitting conditions.

His CRSC application was disapproved on 17 Feb 04 and 22 Jul 04  based  upon
the fact that his 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 his condition of the skeletal system - both  shoulders,
spinal disc condition, limited extension of both knees,  and  impairment  of
toes on both feet are not combat related.  His records provide  no  evidence
to support his contention that his conditions occurred  while  participating
in war exercises.  His records describe him as an avid  weight  lifter  with
chronic shoulder impingement.  He sustained an injury to his  left  shoulder
in a motor vehicle accident in 1982.  There is no information to confirm  he
incurred injuries to his shoulders while performing combat  related  duties.
An entry dated 8 Jul 96 states he was evaluated for low back pain  after  he
told the provider he had no trauma or other episode.  An entry dated  24 Mar
82 states he reported occasional knee pain that began  with  weight  lifting
in 1976 and on 4 Apr 84 he identified a  mild  trauma  he  received  playing
football.  His records indicate  he  suffers  from  forefoot  atrophy  which
caused the discomfort in his toes.  No mention is made to a  combat  related
injury to his toes or feet.  Although he did perform duties in  a  specialty
that performed al significant amount of mobility exercises, for a  condition
to be eligible for CRSC compensation, clear evidence  must  be  provided  to
show an injury occurred and was caused by a  combat  related  factor  rather
than routine causes/exposures.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

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 issue  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-2005-
00508 in Executive Session on 14 Dec 05, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Richard J. Peterson, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 22 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.
    Exhibit E.  Congressional Inquiry, dated 8 Mar 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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