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AF | BCMR | CY2006 | BC-2004-01986
Original file (BC-2004-01986.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01896
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 Dec 05

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, dermatitis or eczema,  be  assessed
as combat related in order to qualify  for  compensation  under  the  Combat
Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conditions are related to his assignment to Phan Rang  Vietnam  and  are
related to his duties as an aircraft mechanic.  His right  knee  injury  was
incurred on 3 May 71 with surgery and follow-up  care.   His  left  shoulder
was dislocated 27 Jun 71 and came out of joint three  more  times  while  in
Vietnam requiring surgery and rehabilitation.

In support of his request, applicant provided documentation associated  with
his CRSC application.  His complete  submission,  with  attachments,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  16
Dec 59.  He was  progressively  promoted  to  the  grade  of  senior  master
sergeant, having assumed that grade effective and with a date of rank  of  1
Sep 79.  He served as an Aircraft Mechanic.   He  voluntarily  retired  from
the Air Force on 30 Sep 81, having served 21 years, 10 months, and  17  days
on active duty.

His CRSC application was disapproved on 19 Apr 04 based upon the  fact  that
his service-connected medical conditions were determined not to  be  combat-
related.   Based  on  additional  documentation  provided  with  his  AFBCMR
application, his request was reconsidered and approved  for  limited  motion
of left arm,  rated  at  20%;  right  knee  condition,  rated  at  10%;  and
degenerative arthritis, rated at 10%.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of his  service  and  DVA
medical records show his skin condition is not combat related.   DVA  rating
decision dated 10 May 00,  states  the  "available  scientific  and  medical
evidence does not support the conclusion that  the  condition  at  issue  is
associated  with  herbicide  exposure."   His  skin  condition   was   later
determined to be service connected,  but  no  mention  was  made  as  to  an
association with Agent Orange exposure.  Further, no evidence was  found  to
indicate the skin condition was the result of a combat related event.

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 28  Jan
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
condition the applicant believes is combat-related was 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, does  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-
01896 in Executive Session on 11 Jul 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 6 Jun 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jan 05.
    Exhibit E.  Letter, SAF/MRBC, dated 9 Dec 04.



                                   THOMAS S. MARKIEWICZ
                                   Chair

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