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AF | BCMR | CY2006 | BC-2005-02671
Original file (BC-2005-02671.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02671
            INDEX CODE:  108.07
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 FEB 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical condition, limited motion 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:

At the time of his injury he  was  working  on  combat  aircraft  that  flew
throughout Vietnam.  He was in daily contact with Agent Orange.

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 served as an enlisted member from 18 Jul 58 through 6 Oct 71.   He
was appointed a second lieutenant, Reserve of the Air Force  on  7  Oct  71.
He was progressively promoted to the grade of captain, having  assumed  that
grade effective and with a date of rank  of  7  Oct  75.   He  served  as  a
Special Investigation Officer.  On 31 Oct 81,  he  voluntarily  retired  for
years of service.  He served 23 years, 3 months, and 14 days on active duty

Available Department of Veterans Affairs (DVA) records  reflect  a  combined
compensable rating of 10% for his unfitting condition.

His CRSC application was disapproved on 12 Jan 05 based upon the  fact  that
his service-connected medical condition was determined  not  to  be  combat-
related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the DVA rating decision,  dated  8
Sep 03, indicates he injured his  ankle  playing  basketball.   He  mentions
Agent Orange exposure on his application but he has not been rated  for  any
service-connected  conditions  considered  presumptive   to   Agent   Orange
exposure.  Simply being in an armed conflict  or  exercise  environment,  in
and of itself, does  not  automatically  qualify  an  individual  for  CRSC.
There must be documentation identifying the specific cause of the injury  or
illness and the activities taking place at the time, which link them to  the
disability.

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 23  Nov
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
condition the applicant believes is combat-related was 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, does  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-
02671 in Executive Session on 28 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 23 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Nov 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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