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AF | BCMR | CY2006 | BC-2005-00018
Original file (BC-2005-00018.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00018
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, psoriasis, traumatic arthritis  of
the back and the right knee, be assessed  as  combat  related  in  order  to
qualify for compensation  under  the  Combat  Related  Special  Compensation
(CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His back was injured while off-loading aircraft and trucks in 1962 during  a
simulated war exercise in Panama.  His right  knee  condition  was  incurred
when an aircraft crash  landed  while  he  was  TDY  enroute  to  Guam  from
Okinawa.  His psoriasis is the result of  his  inability  to  perform  daily
hygiene due to the lack of uncontaminated water for more  than  45  days  in
India.

In  support  of  his  request,  applicant  provided   personal   statements,
documentation  extracted  from  his  medical  records,  and  a  photo.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  2
Jan 58.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Aug  74.
He served as a Radio Operator.  He voluntarily retired from  the  Air  Force
on 31 Jan 78, having served 20 and 29 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 14 Oct 03 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  medical
records shows no evidence to confirm his contention  regarding  the  limited
purified water causing  his  psoriasis  while  in  India.   He  was  treated
several times for this condition but there is no evidence  to  indicate  the
origin.  There is no evidence to support his claim his  back  condition  was
the result of loading equipment onto aircraft and trucks.   An  entry  dated
12 Apr 76, states the back injury was the result of playing  football.   His
DVA exam form, dated 21 Aug 00, indicated he identified the  source  of  his
back pain as jumping down from an aircraft and various vehicles.   There  is
no evidence to confirm his knee injury was the result of an  aircraft  crash
landing.  A letter dated 26 Jul 78, from the Anchorage Medical and  Surgical
Clinic, states the injury was the  result  of  playing  football.   Injuries
from routine activities such as lifting equipment are not sufficient  to  be
considered combat related.  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 25  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 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-2005-
00018 in Executive Session on 4 Jan 06, under  the  provisions  of  AFI  36-
2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 16 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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