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AF | BCMR | CY2006 | BC-2005-00733
Original file (BC-2005-00733.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00733
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 3 Sep 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her knee was injured during a mobility exercise at Whiteman AFB, MO and  was
determined to be in the line of duty.

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

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force on  15
Aug 78.  She was progressively promoted to the grade of lieutenant  colonel,
having assumed that grade effective and with a date of rank  of  1  Sep  94.
On 31 Jul 01, she voluntarily retired for years of service.  She  served  23
years, 2 months, and 13 days on active duty

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 60% for her unfitting conditions.

Her CRSC application was disapproved on 8 Mar 04 based upon  the  fact  that
her service-connected medical condition was determined  not  to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states a review of her  service  and  DVA
medical records  show  her  knee  condition  is  not  combat  related.   She
contended her knee injury was sustained during Officer  Training  and  again
during Squadron Officer School in 1983.  Her records reveal no  evidence  to
confirm that this injury was the result  of  a  combat  related  event.   It
appears the initial injury to her right  knee  was  incurred  prior  to  her
military service playing basketball.  She  was  treated  for  knee  injuries
repeatedly during her career;  however,  none  of  the  events  were  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 22  Apr
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-2005-
00733 in Executive Session on 11 Jan 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 22 Feb 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 20 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Apr 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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