RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01982
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: Not Indicated
MANDATORY CASE COMPLETION DATE: 2 Feb 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, diabetes mellitus, Meniere's
syndrome, degenerative arthritis of the lumbar spine, cervical spine and
left knee, inflammation of the iris, traumatic arthritis of the left wrist,
hiatal hernia, and malaria, be assessed as combat related in order to
qualify for compensation under the Combat Related Special Compensation
(CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was medically retired for his disabilities. He was told he was
ineligible because he had not waived his military retirement. He has now
waived his retirement.
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's military personnel records cannot be located, therefore his
military service cannot be verified. Data extracted from the personnel
data system reflects on 13 Jul 73, he retired from the Air Force in the
grade of master sergeant, having served 22 years, 8 months and 18 days on
active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 80% for his unfitting conditions.
His CRSC application was disapproved on 2 Jan 04 based upon the fact that
his service-connected medical condition was determined not to be combat-
related. His diabetes mellitus was subsequently approved, with a rating of
20 percent.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records shows there is no evidence his Meniere's syndrome,
inflammation of the iris, hiatal hernia, and malaria are combat related.
To be eligible for compensation there must be clear documentation to
indicate these conditions were the result of a combat related factor. His
degenerative arthritis of the lumbar spine began after he was beaten by
local police in 1955 and the traumatic arthritis of the left wrist was due
to an automobile accident. No evidence can be found to confirm the exact
origin of his degenerative arthritis of the cervical spine and left knee.
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 9 Sep
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-
01982 in Executive Session on 28 Feb 06, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Richard A. Peterson, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 1 Sep 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 9 Sep 05.
THOMAS S. MARKIEWICZ
Chair
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