RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03013
INDEX CODE: 108.07
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 Apr 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition, traumatic arthritis of the left
knee, be assessed as combat related in order to qualify for compensation
under the Combat Related Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His disabilities began when he was stationed in Thailand in September 1972
as a crew chief on F-111 aircraft doing bombing missions into 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 10
Jun 70. He was progressively promoted to the grade of technical sergeant,
having assumed that grade effective and with a date of rank of 1 Aug 85.
He served as an Aircraft Maintenance Specialist for one year and four
months and served the remainder of his Career as a Mental Health Clinic
Technician.
A Medical Evaluation Board convened on 24 Oct 89 to consider the
applicant's conditions of glaucomato-cylitic crisis, bilateral
chondromalacia patella first right then left; left manisectomy with
evidence of degenerative joint disease, and hypercholerterolinemia. The
board recommended he be returned to duty. He voluntarily retired from the
Air Force for years of service on 30 Jun 90, having served 20 years and 21
days on active duty.
Available Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 20% for his unfitting conditions.
His CRSC application was disapproved on 9 Dec 04 and 13 Dec 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 he initially indicated that his
knee condition was the result of injuries received while seeking cover
during an enemy attack in 1972. In his appeal, he stated he injured his
left knee during an alert exercise in 1979 while wearing chemical warfare
gear. DPPD provides a review of the pertinent data in his medical records
and states no evidence can be found to confirm his description of how his
knee was injured. His records contain a long history of sports injuries;
however, conditions developed from these types of injuries do not meet the
parameters of for CRSC.
The DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that in accordance with Public Law 107-314, his unit's
mission in Thailand constitutes armed conflict and hazardous service.
Attachments provided show that while assigned to Thailand he was
experiencing depression, anxiety, and facial swelling as a result of the
stresses of war. He was later referred to a psychiatrist for a psychiatric
evaluation and leg examination. His entrance physical shows no problems
associated with his injuries which were incurred while on active duty. A
medical board found various conditions that he did not have when he entered
the Air Force.
His complete response, with attachments is 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
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-
03013 in Executive Session on 28 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 21 Sep 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 18 Nov 05.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 05.
Exhibit E. Letter, Applicant, dated 4 Jan 06.
THOMAS S. MARKIEWICZ
Chair
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