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AF | BCMR | CY2006 | BC-2006-01088
Original file (BC-2006-01088.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01088
            INDEX CODE:  108.07

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  4 DEC 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected  medical  condition,  degenerative  arthritis  of  the
hands and knees, be assessed as combat  related  in  order  to  qualify  for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He flew 250 combat missions during the  Vietnam  conflict.   These  missions
demanded high “g” dive  recoveries  in  the  five  to  six  “g”  range.   He
believes his condition is due to the stress he experienced while  performing
high “g” force maneuvers during flight.  He has  since  incurred  peripheral
polyneuropathy in his hands and feet, a  heart  condition,  left  and  right
knee and right hip replacement, and carpal tunnel operation on both  wrists.
 He further states during 1965, he was repeatedly  exposed  to  agent-orange
while flying.

In support of his request, the applicant provided a personal  statement  and
Department of Veterans Affairs (DVA) documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty in the Regular Air Force on 7 June  1959.   He
was progressively promoted  to  the  grade  of  lieutenant  colonel,  having
assumed that permanent grade effective and with a date of  rank  of  1  June
1979.  He served as a pilot.  He retired 1 January 1982,  having  served  22
years, 6 months, and 24 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  partially  approved  on  22  February  2006.   The
diagnosis of  back  strain  was  determined  to  be  combat-related  with  a
compensable rating of 10%.  It was  determined  there  was  no  evidence  to
confirm his hand, knee, and shoulder conditions were the  direct  result  of
armed conflict, hazardous service, instrumentality  of  war,  or  simulating
war.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states the applicant initially  requested
review of his service-connected disabilities of  back  strain,  degenerative
arthritis of the hands  and  knees,  and  bursitis  of  the  shoulder.   His
application was partially approved on 22 February  2006.   It  contained  no
evidence to confirm his hand, knee, and shoulder conditions were the  direct
result of armed conflict, hazardous  service,  instrumentality  of  war,  or
simulating war.

SF Form 88, Report of Medical Examination, dated  18  June  1959,  indicated
the applicant had suffered from a fracture of the left wrist and surgery  to
his left knee prior to entering active service; however, the wrist and  knee
were functionally and anatomically normal.  DPPD can find  no  documentation
to indicate high G-force maneuvers aggravated these conditions or  that  any
other  combat-related  factors  contributed  to  the   disabilities.    This
condition does not meet the mandatory criteria for  compensation  under  the
CRSC program.

The DPPD complete 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 2  June
2006 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 an error or injustice; the application was  denied  without
a personal appearance; and 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-2006-
01088 in Executive Session on 23 August 2006, under the  provisions  of  AFI
36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Alan A. Blomgren, Member
      Mr. Richard A. Peterson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Apr 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 26 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Jun 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair



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