RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01299
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 Oct 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, degenerative arthritis of the
knees, be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His knee injury was incurred at the USAF Survival School in 1958. He
reported his pain to the "Prison Guards" but was told if he reported to the
hospital he would be washed back. For that reason he did not report his
injury to physicians. His knee injuries were further aggravated during his
career as a jet pilot. The extreme G-forces and violent maneuvers which
caused his G-suit to inflate, resulted in stiff and sore knees. He did not
report his injuries to the flight surgeon for fear of being grounded.
In support of his request, applicant provided a personal statement. His
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force on 16
Jul 55. He was progressively promoted to the grade of lieutenant colonel,
having assumed that grade effective and with a date of rank of 1 Jul 76.
He served as a Tactical Fighter Pilot. On 31 Oct 78, he voluntarily
retired for years of service. He served 22 years, 9 months, and 7 days on
active duty
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 40% for his unfitting conditions.
His CRSC application was partially approved on 16 Jun 04 for traumatic
arthritis of the cervical and lumbar spine; rated at 10%; degenerative
arthritis of the cervical spine, rated at 10%; and degenerative arthritis
of the lumbar spine, rated at 10%. His request for CRSC compensation for
his knees was disapproved on that date and again on 26 Jan 05 based upon
the fact that no evidence was provided to show the service-connected
medical condition was determined to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial. DPPD states a review of his service and DVA
medical records shows only one entry regarding treatment of his knees.
Comments from the medical provider show "gradual onset pain both knees,
aggravated by tennis, squatting; recalls no single injury; mild swelling."
Although aircrew duties can be strenuous, conditions developed through the
performance of normal service are not usually found to be combat related.
When considering his chronic conditions such as his knee condition, it may
be difficult to determine armed conflict, hazardous service,
instrumentality of war, or simulating war as the definitive cause. Clear
documentation must be provided to indicate an injury occurred and was
caused by a combat related factor. Existing CRSC guidance and the need to
maintain consistency and fairness throughout the CRSC process require
clear, documentary evidence to support approval.
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 30 Jun
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-
01299 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 Mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 24 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 30 Jun 05.
THOMAS S. MARKIEWICZ
Chair
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