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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