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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