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AF | BCMR | CY2006 | BC-2005-01594
Original file (BC-2005-01594.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01594
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated

MANDATORY CASE COMPLETION DATE: 15 Nov 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions,  bronchitis,  traumatic  arthritis
of left shoulder, traumatic arthritis of left second metacarpal,  sinusitis,
traumatic brain disease, and disfigurement of head, neck or face (chin),  be
assessed as combat related in order to qualify for  compensation  under  the
Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His bronchitis has been re-evaluated and rated at 30 percent  and  could  be
the result of pollutants (Agent Orange) in Vietnam.

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  13
Oct 54.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Jun  66.
He served as a Flight Engineer.  He voluntarily retired from the  Air  Force
on 31 Oct 74, having served 20 years and 2 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 9 Dec 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 his bronchitis was first noted  in
1965, prior to his tour in  Vietnam  (1968-1969).   Additionally  there  are
numerous annotations in  his  medical  records  regarding  treatment  for  a
variety of upper respiratory conditions, with sinusitis  first  being  noted
in  1972.   Sinusitis  and  bronchitis  are   not   considered   presumptive
conditions from exposure to Agent Orange.  His skull and chin  injuries  are
the result of a car accident.  Injuries from car accidents are not  normally
eligible for CRSC compensation unless some combat related factor caused  the
accident.  His traumatic arthritis of the left second metacarpal was from  a
softball injury.  His shoulder  condition  appears  to  have  resulted  from
lifting a squirming child.  None of these circumstances are 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  Jul
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-
01594 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 6 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 15 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Jul 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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