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AF | BCMR | CY2006 | BC-2005-01646
Original file (BC-2005-01646.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01646
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 Nov 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical  condition,  degenerative  arthritis  (chronic
plantar fasciitis and heel spurs, bilaterally)  and  degenerative  arthritis
of the cervical spine, be assessed as combat related  in  order  to  qualify
for compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His conditions are the result of a jump from a dock during a  mortar  attack
in Vietnam and being knocked backwards from a concussion of  another  mortar
blast while  in  Vietnam.   He  reinjured  his  neck  when  a  pipe  from  a
commissary tent fell, striking his neck during a combat training exercise.

In support of his request, applicant provided numerous  personal  statements
and 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  15
Mar 68.   He served as  a  Food  Service  Specialist.   On  31  Mar  88,  he
voluntarily retired from the Air Force  in  the  grade  of  staff  sergeant,
having served 20 years and 17 days on active duty.  On 14  Mar  98,  he  was
advanced to the grade of technical sergeant on the USAF Retired List.

His CRSC application was approved for diabetes mellitus rated at  20%.   His
remaining conditions were disapproved based upon the fact that the  service-
connected medical conditions were determined not to be combat-related.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPD  recommends  denial.   DPPD  states  there  is  no   corroborating
documentation of the incidents described, or any injuries suffered in  those
incidents.  CRSC cannot be approved for unsubstantiated claims.   While  his
conditions are deemed service connected by  the  DVA,  their  standards  for
approval focus on connecting the  claimed  disabilities  to  his  period  of
service.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant's response to the  Air  Force  evaluation,  with  attachments,  is
appended 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.

_________________________________________________________________

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-
01646 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 13 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 8 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, Applicant, dated 27 Nov 05, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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