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AF | BCMR | CY2006 | BC-2005-01650
Original file (BC-2005-01650.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01650
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 NOV 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, crushing injury to right hand  and
bronchitis,  be  assessed  as  combat  related  in  order  to  qualify   for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His hand injury was caused when a jack failed and dropped a 2-1/2 ton  truck
on his hand in Vietnam.  His  bronchitis  was  the  result  of  exposure  to
mustard gas.

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  10
Sep 53.  He was progressively promoted  to  the  grade  of  staff  sergeant,
having assumed that grade effective and with a date of rank  of  1  Oct  66.
He served as a Vehicle Operator.  He voluntarily retired from the Air  Force
on 30 Nov 73, having served 20 years on active duty.

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 60% for his unfitting conditions.

His CRSC application was disapproved on 21 Apr 05 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  while  his  records  confirm  his
hand condition was the result of a crushing injury while  changing  a  tire,
this event is not considered to be combat related.  The failure of the  tire
jack was not directly  caused  by  armed  conflict,  hazardous  service,  or
simulating war and a military truck  and  the  equipment  required  for  its
maintenance are not considered instrumentalities of  war.   In  his  initial
application he claimed his  bronchitis  was  caused  by  exposure  to  Agent
Orange.  However, bronchitis is not considered presumptive to  Agent  Orange
exposure.  He is now claiming it is the result of exposure to  mustard  gas.
No evidence was provided to confirm the  exposure  occurred.   Additionally,
the DVA is not providing compensation to him for his bronchitis.

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 10  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
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-
01650 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 6 Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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