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AF | BCMR | CY2006 | BC-2004-02290-1
Original file (BC-2004-02290-1.DOC) Auto-classification: Denied

ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02290
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 25 Jan 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, injury to  right  toe,  heel,  and
knee condition, be assessed as  combat  related  in  order  to  qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant submitted a similar appeal which was considered and denied by  the
board on  5  Aug  06.   For  an  account  of  the  facts  and  circumstances
surrounding his previous appeal and the Board's decision, see the Record  of
Proceedings at Exhibit F.

In his most recent submission, applicant states he tried to  obtain  letters
from former commanders who were fully aware of his involvement and  injuries
but was unable to do so.  He Provided  a  letter  from  his  Representative,
documentation extracted form his Department  of  Veterans'  Affairs  records
and  Officer  Performance  Reports  and  requests  reconsideration  of   his
application.  His complete submission, with attachments, is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After  again  reviewing  this  application   along   with   the   additional
documentation provided it remains our opinion that  the  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 do not qualify for compensation under  the  CRSC
Act.  In his previous submission, applicant contended  that  his  conditions
were the result of jumping out  of  aircraft  during  combat  operations  in
Grenada and during Operation Provide Comfort.  CRSC  criteria  requires  for
approval, documentary evidence that supports the  claims  for  compensation.
This evidence must show causal relationship between the disabilities  and  a
combat-related event or events causing the injury.  Speculation or  personal
accounts of events are insufficient justification.  We are not persuaded  by
the evidence provided in support of his  request  for  reconsideration  that
his conditions meet the established  criteria  as  being  combat-related  in
order to qualify for CRSC compensation.   Accordingly,  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-
02290 in Executive Session on 10 Jul 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. James W. Russell III, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 5 Aug 06, w/Exhibits.
    Exhibit G.  Letter, Applicant, dated 18 May 06, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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