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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