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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