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AF | BCMR | CY2006 | BC-2005-01318
Original file (BC-2005-01318.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01318
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 21 Oct 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, traumatic arthritis of right  hip,
limited motion of left wrist, rheumatic  heart  disease  with  hypertension,
and traumatic arthritis of left ankle, be  assessed  as  combat  related  in
order  to  qualify  for  compensation  under  the  Combat  Related   Special
Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His hip disability is  due  in  part  to  working  12-16  hour  days  during
Operation DESERT SHIELD/STORM and also  from  supporting  Turkish  Kurds  at
Incirlik Turkey on three different occasions.

In support of his request, applicant provided  a  personal  statement.   His
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  18
Jun 75.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Oct  88.
He served as an Operations Resource Management  Craftsman.   He  voluntarily
retired from the Air Force on 30 Jun 95, having served 20 years and 13  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 disapproved on 16 Nov 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  states  the  applicant  provides   no
explanation of  how  his  conditions  developed  or  how  they  were  combat
related.  His records do show a history of leg, ankle and hip injuries  from
participating in sports activities.   He  is  not  currently  receiving  DVA
compensation for his hip condition.  Therefore, CRSC  cannot  be  considered
until the DVA recognizes the condition as service-connected.   There  is  no
evidence he sustained an injury  while  participating  in  Operation  DESERT
STORM.  The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he has recently submitted additional documentation  to  the
DVA to have his left hip condition service connected.  He  has  two  plastic
hips and is unable to work.  He cannot  say  positively  that  his  hip  was
injured in Operation DESERT STORM, but he never has any hip  problems  until
three years after the war.  His complete response is at Exhibit E.

_________________________________________________________________

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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-
01318 in Executive Session on 6 Feb 06, under  the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Apr 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 28 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jul 05.
    Exhibit E.  Letter, Applicant, not dated.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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