RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00732
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 3 SEP 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical conditions, degenerative joint disease of the
left knee - postoperative total knee arthroplasty, total right knee
arthroplasty, postoperative residuals of bunionectomy - left great toe,
bilateral hearing loss, and tinnitus, be assessed as combat related in
order to qualify for compensation under the Combat Related Special
Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
All of his conditions are either combat related or combat training related.
Each was incurred while he was walking close boundary sentry duty on the
flightline. In addition, applicant states he was exposed to combat related
noise and events (i.e. aircraft noise, weapons firing, etc).
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 10
Sep 48. He was progressively promoted to the grade of staff sergeant,
having assumed that grade effective and with a date of rank of 6 Mar 63.
He served as a Recreation Specialist and an Air Policeman. He voluntarily
retired from the Air Force on 31 Aug 68, having served 20 years and 27 days
on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 50% for his unfitting conditions.
His CRSC application was disapproved on 19 Aug 04 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 provided a review of his relevant
medical history and states no evidence can be found to indicate any of the
claimed conditions were caused by a combat related injury or event. His
records reveal he suffered from many sports-related injuries and although
his knee and foot injuries may have occurred during service-sanctioned
intramural sporting events, they do not meet the criteria for CRSC. For
impaired hearing and tinnitus to be considered combat related they must be
incidental to a combat related event or due to documented, continual,
extensive exposure to combat related noise and the conditions were shown to
have manifested while in service. Although he had some exposure to
aircraft noise while he performed duties as a security policeman, the
audiometric examination completed during his retirement physical indicates
hearing at all frequency levels was within normal limits. Since his
hearing conditions did not begin during service, they are not eligible for
CRSC.
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 23 Nov
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-
00732 in Executive Session on 6 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 24 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 14 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Nov 05.
Exhibit E. Letter, SAF/MRBC, dated 9 Jun 05.
THOMAS S. MARKIEWICZ
Chair
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